Acta Universitatis Carolinae. Iuridica (Sep 2022)

The Duty of Care and Business Judgment Rule in Austrian Company Law

  • Martin Winner

DOI
https://doi.org/10.14712/23366478.2022.32
Journal volume & issue
Vol. 68, no. 3
pp. 9 – 22

Abstract

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The duty of care is a core instrument to incentivise managers to act diligently and in the best interest of the company. The following article highlights some key points under Austrian law and puts special emphasis on the business judgment rule, which aims to limit the liability risk of board members arising from the problem of judicial hindsight bias.