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A comparative study of selected aspects of corporate liability of directors under Swiss and South African law

Corporate liability of directors is a current issue all over the world due to the financial failures of corporations in the United States and Europe in the past years. The current proceedings in Switzerland against former directors of Swissair, who are accused of having caused the grounding of the a...

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Main Author: Mueller, Dominique Chantal
Other Authors: Rademeyer, Conrad
Format: Thesis
Language:English
Published: School For Advanced Legal Studies 2024
Subjects:
Law
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access_status_str Open Access
author Mueller, Dominique Chantal
author2 Rademeyer, Conrad
author_browse Mueller, Dominique Chantal
Rademeyer, Conrad
author_facet Rademeyer, Conrad
Mueller, Dominique Chantal
author_sort Mueller, Dominique Chantal
collection Thesis
description Corporate liability of directors is a current issue all over the world due to the financial failures of corporations in the United States and Europe in the past years. The current proceedings in Switzerland against former directors of Swissair, who are accused of having caused the grounding of the airline in October 2001, attracts not only the attention of the Swiss public but also the interest of the neighbouring countries. In this dissertation I will first point out the relevant principles of the Swiss corporate law dealing with liability of directors and then compare the legal situation in Switzerland with the legal situation in South Africa. As the analysis of the whole corporate liability issue would go beyond the scope of this dissertation I will focus on Article 754 of the Swiss Code of Obligations (organ liability) and compare it with the South African grounds of liability of directors for breach of their fiduciary duties and their duty of care and skill.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:32:57.328Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2024
publishDateRange 2024
publishDateSort 2024
publisher School For Advanced Legal Studies
publisherStr School For Advanced Legal Studies
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/39389 A comparative study of selected aspects of corporate liability of directors under Swiss and South African law Mueller, Dominique Chantal Rademeyer, Conrad Law Corporate liability of directors is a current issue all over the world due to the financial failures of corporations in the United States and Europe in the past years. The current proceedings in Switzerland against former directors of Swissair, who are accused of having caused the grounding of the airline in October 2001, attracts not only the attention of the Swiss public but also the interest of the neighbouring countries. In this dissertation I will first point out the relevant principles of the Swiss corporate law dealing with liability of directors and then compare the legal situation in Switzerland with the legal situation in South Africa. As the analysis of the whole corporate liability issue would go beyond the scope of this dissertation I will focus on Article 754 of the Swiss Code of Obligations (organ liability) and compare it with the South African grounds of liability of directors for breach of their fiduciary duties and their duty of care and skill. 2024-04-12T07:06:37Z 2024-04-12T07:06:37Z 2008 2024-04-12T06:46:38Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/39389 eng application/pdf School For Advanced Legal Studies Faculty of Law
spellingShingle Law
Mueller, Dominique Chantal
A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
thesis_degree_str Master's
title A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
title_full A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
title_fullStr A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
title_full_unstemmed A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
title_short A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
title_sort comparative study of selected aspects of corporate liability of directors under swiss and south african law
topic Law
url http://hdl.handle.net/11427/39389
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AT muellerdominiquechantal comparativestudyofselectedaspectsofcorporateliabilityofdirectorsunderswissandsouthafricanlaw