Das Unternehmensinteresse - Maßstab für die Organwalter der Aktiengesellschaft

The so-called company interests determine the directors’ duties within a corporation. There has been an ongoing discussion of this term in German company law for the last 100 years. Recently, it has been receiving new impetus through the ongoing development of corporate social responsibility and the debate about sustainability and the commitment of companies to the pursuit of public interests. To date, German legislation remains unchanged, but the key provision of the French Civil Code (Art. 1832) has been altered in 2019. Against this backdrop, this book analyses company interests as a crucial standard for directors’ duties, their derivation and repercussions. The directors have to ensure the long-term viability of the company, taking into account the benefit of its shareholders as a whole, as well as the interests of the company’s employees. Additionally, the company’s interest, in protecting its reputation, serves as a gateway for the director’s regard to the company's business relationships, business conduct and the public interest, but at the same time, it sets limits for this regard. Further limitations to protect public interests need prohibition statutes.