საქმიანი შესაძლებლობის მითვისების აკრძალვა და მისი გავლენა სამეწარმეო საზოგადოების ხელმძღვანელი პირის პასუხისმგებლობაზე

Abstract

For effective corporate governance in today’s company, the discharge of fiduciary duty in good faith by company directors and the carrying out of their activities in the best interests of the company are of paramount importance. The duty of loyalty obliges a director to put the interests of the company above his/her personal interests. Because, as business relationships become more complex, the threat of conflict between the objectives of the company and the personal interests of directors increases, it is necessary to have a legal mechanism aimed at preventing conflicts of interest and ensuring that the objectives of the company are given priority in using business opportunities in order to increase the potential of profit and long-term success of the company in the market. The Corporate Opportunity Doctrine established in modern corporate law serves the aforementioned purpose. The doctrine advocates the imposition of liability on company directors for the misappropriation of business (corporate) opportunities intended for the company and the violation of the fiduciary duty of loyalty.