公司董事的忠实义务制度透析

世界各国公司法之公司董事会中心主义的倾向使董事在公司中的地位日趋凸显 ,正确处理注重保护公司董事的创业精神、强化公司董事的忠实义务之关系在我国具有典型意义。因此 ,综合透析董事与公司之间的法律关系、董事忠实义务与注意义务的关系、董事忠实义务的民事责任范畴及性质、内容 ,对于我国在立法上规制和完善董事的忠实义务非常重要。

To Analyze the Faithful Obligation of a Company Director

The inclination of the doctrine that a company director board was rendered as its center by the company law of countries all over the world makes director's position in the company becoming more prominent. We should pay attention to protecting the enterprising spirit of company's directors, as well as strengthen of faithful obligations of company's directors. To deal with the relation correctly has typical meanings in our country. So it is very important in regulating and perfecting faithful obligation of directors on legislation of our country to analyze the legal relation between directors and the company synthetically, the relation of director's faithful obligation and thoughtful obligation, and civil liability category, nature, content of director's faithful obligation.