Bestuurdersaansprakelijkheid uit onrechtmatige daad

The dissertation is concerned with directors’ duties to creditors in the vicinity of insolvency. When a company encounters financial trouble and heads towards insolvency, creditors’ interests intrude. On the basis of article 162 of Book 6 Burgerlijk Wetboek, which concerns the tort of negligence, directors can be held to a duty to take into account creditors’ interests in the event of imminent insolvency. The question arises as to when and what specific duties directors are subject to. This dissertation addresses this question from the perspective of both civil and criminal law.

Dissertation: http://hdl.handle.net/11370/ecba79b2-6612-4c4a-a693-7198f32ac756