Liability of General Director for Damages Caused to the Partnership

Abstract The graduate work is devoted to the study of functioning of the institute liability of Sole Executive Body (SEB) for damages, as the main way of defending the legal interests of the partnership and its shareholders. The urgency of the research is caused by tendency towards increase in the number of litigations on bring to justice SEB, at the same time there is high percentage (about 60 %) of rejections of the claim for compensation. The research reflects specificities of the institute liability of SEB for damages caused to the partnership, identifying actual problems of legal regulation and enforcement rules of liability of SEB and analyzing problems and perspectives of institute of liability insurance of SEB. In order to improve the functioning of institute liability of SEB is recommended to legislate requirements for education, qualifications and experiences of managers, to limit the scope of the concept of usual entrepreneurial risk only by questions of reasonableness of manager’s actions. In relation to institute of liability insurance it seems reasonable to establish in legislation obligations of insured persons take part in insurance payments, to formalize indicative list of cases which has led responsibility of managers.