Porušení péče řádného hospodáře – subjektivní, nebo objektivní odpovědnost za škodu?
Breach of Due Managerial Care – Subjective or Objective Liability for Damage?

Summary/Abstract: This article deals with the legal basis of due managerial care, whose nature determines the rules applied in case of a breach of due managerial care concerning damages. The article summarizes recent professional discussions on the topic and deals with three major theoretical approaches defining due managerial care either as an obligation from law, or an obligation from contract, or an obligation sui generis. The article discuses arguments for and against each approach, puts forward the author’s critics regarding the mentioned discourses, and brings the author’s own look at the problem, the key point of which is the necessary consistency of a conclusion not only for a statutory body, but also for other elected bodies of a legal person.

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