12 October 2017

Liability in company law: actions and defense

Actions and their interrelation

In the case of damage caused by the directors and managers to the company, its shareholders or its creditors, the question arises as to which actions are at the disposal of the aggrieved party and what is the interrelationship of these actions. Can the various actions be brought at once or only in a specific order? The defendants often argue that given the (alleged) subsidiarity of the action taken, the claimant should bring another action against one or more third parties first.

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