| Abstract [eng] |
There were three areas analyzed in this work which are very important and fundamental for fiduciary legal relationships. The first area includes general aspects such as nature of fiduciary relationships, the conception of conflict of interests. There was also analyzed the national legislation and were searching problems which must be resolved. It is important to say that the national legislation differently define the nature of conflict of interests. These conceptions are different in public and private sectors. The second area includes managers of public entities conflict of interests situation. There was found a legal regulation which might be replaced due to the fact that manager activity would become more transparently. After that, there would not be any confusion of public and private interest. The third part (and the most important) includes conflict of interests situation in fiduciary legal relationships. There were analyzed the duties of companies directors to their companies. Despite the quite clear legal regulation, there are many cases in the courts which show that companies directors violates their duties to the companies. Especially, there are many cases where companies directors confuse their own private interests with the interests of the company. When there is a breach of fiduciary duty to avoid conflict of interests – suffer company’s shareholders, creditors and also – company itself. When the director violates the duty to avoid conflict of interests and, for example, company’s property becomes a director’s property, creditors cannot get back their money from the company. After that – creditors’ creditors cannot get back their money. The distrust arises and the company will have many problems to get a contract, because this company is unreliable. If the director would avoid conflict of interests situations – all these “bad” consequences which were mentioned above, can be avoid. |
