Law

Andrea Lohse

Unternehmerisches Ermessen

Zu den Aufgaben und Pflichten von Vorstand und Aufsichtsrat

[Business Judgment Rule. The Functions and Duties of the Management Board and the Supervisory Board.]

2005. XIX, 542 pages.

Jus Privatum 100

129,00 €
including VAT
cloth
ISBN 978-3-16-148780-4
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Also Available As:
Published in German.
The German discussion on the appropriate standard of review to be applied to business judgments made by the management board and the supervisory board has led to an adoption of the American business judgment rule, although it does not increase the quality of the decision-making process or the substance of the decision. In her work, Andrea Lohse develops more demanding standards.
The German discussion on the appropriate standard of review to be applied to business judgments made by the management board and the supervisory board has led to an adoption of the American business judgment rule, although it has not had the effect of increasing the quality of the decision-making process or the substance of the decision. In her work, Andrea Lohse develops a more demanding standard of review. She outlines criteria that place greater demands on the decision-making process and the substance of the decision and are enhanced by more drastic consequences in liability law. the criteria take into account business administration, the capital market orientation of corporate law as well as the legal developments in Europe and in the USA.
Authors/Editors

Andrea Lohse Geboren 1964; Studium der Rechtswissenschaften in Kiel; 1991 Promotion (Kiel); 2004 Habilitation (FU Berlin); Privatdozentin an der FU Berlin; 2005/2006 Lehrstuhlvertretung an der Universität Bochum.

Reviews

The following reviews are known:

In: Allg.Ministerialbl.d.Bay.Staatsreg. — Jg.19 (2006), H.6, S.231f
In: Juristenzeitung — Jg.61 (2006), H.9, S.462 (Marcus Lutter)