| Abstract [eng] |
Companies are at the heart of the economies of every state. Traditionally, the social purpose of the companies in society has been understood as the purpose of profit, for which companies are granted the benefit of limited liability based on the law. Such an approach has become acceptable over time due to the economic benefits of companies, namely capital expansion, tax payments or job creation. However, the rapid decline in natural resources and the negative impact of the activities of the companies on climate change and environment, changing economics and political trends inevitably change the way companies are understood in society and the way in which companies should be managed. The legal limits provided for by the current company law regulation and the possibilities for further legal regulation are analyzed in the thesis. The analysis of the political, economic and legal preconditions for sustainable corporate governance is provided for in the first part of the thesis. It is also examined whether existing regulation is sufficient to ensure the sustainable corporate governance and how the concept of corporate sustainability is defined. The importance of the purpose of the company for the sustainable corporate governance is analyzed in the second part of the thesis. Taking into account that the purpose of the company enshrined in substantive law is not detailed, the focus is on how the purpose of the company is interpreted in the case law. In addition, foreign countries legal acts and soft law sources are analyzed to provide examples of good practice. The third part of the thesis analyzes the limits of discretion that existing law provide for the reclassification of the activities of the company into more sustainable activities by the members of the management bodies. In the context of the thesis, the focus is on the duty of care. It is also analyzed how the governance of the company is influenced by its shareholders and how shareholders could be encouraged to achieve more sustainable corporate governance. |
