Corporate Governance and Directors' Liabilities: Legal, by Klaus J. Hopt, Gunther Teubner

By Klaus J. Hopt, Gunther Teubner

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Extra info for Corporate Governance and Directors' Liabilities: Legal, Economic and Sociological Analyses on Corporate Social Responsibility

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The absence of the fiduciary concept from many Continental systems creates special problems for company law 25 26 Recent decisions demonstrate that Sec. 9 of the European Communities Act 1972 (enacting the First Directive of the EEC) has not settled fundamental problems of the ultra vires principle (Wedderburn, 1983a). Boss v. Boss, 200 A 2 d 231 (1964); Irwin v. Pre-stressed Structures, 420 S. W. 2 d 491, 495 (1967); Burt v. , 360 So. 2 d 327, 3 3 1 - 2 (1978). The Legal Development of Corporate Responsibility 25 and has been said to be "a serious lacuna" in French law (Tunc, 1983b: 13).

462 (1977)) — though the reality, according to a minority of commentators, is consistent with "optimal legal arrangements" (Winter, 1978: 7), a race perhaps only to the bottom line. These arguments, however, at least purport to seek a socio-legal policy; whereas appearances suggest that, even on insider dealing, the British legislature still has to make up its mind finally whether it is really on the side of Professor Loss or Professor Manne. At the root of that indecision is a failure to relate this area of responsibility to public interests.

4 2 The German and British debates about "industrial democracy", like the American debate about board restructuring, involved a competition between "constituencies". But only two — those of shareholders and workers — were prominent; and the social stakes were higher. B. The Bullock Debate The job of relating these themes to company law and structures in Britain was given to a Committee on "Industrial Democracy" chaired by Lord Bullock which reported in 1977 ("Bullock" Committee, 1977). Despite 41 42 This being the case despite their " m o r a l " right to be there on the board ( C r o s l a n d , 1956: 359, 361).

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