| Abstract [eng] |
The Rule of Business Decision Evaluation: Comparative Aspects and Lithuanian Court Jurisprudence The aim of the master's work, based on the experience of foreign countries, is to analyze and compare the main application concepts of business judgment rule, their application conditions and the application of the rule in Lithuanian courts' practice. To achieve the determined aim there was used practice of common law jurisdiction countries, such as the United States, Australia and the United Kingdom and practice of civil law jurisdiction countries: Germany, Czech Republic, Greece and Estonia. In the first part of the work there is presented conception of business judgment rule, set the application criteria of the rule, analyzed and compared application practice of business judgment rule of foreign countries, models and defined application's importance and significance of the rule. In the second part of work there is analyzed business judgment rule in the practice of Lithuanian courts, trying to determine which position is complied with the court assessing the managers' decision as illegal and to define how application criteria of business judgment rule are used in the court practice of Lithuania, forming concept of the rule and compare it with the US Delaware business judgment rule applied in judicial precedents law. Conclusions are presented in the end of the work. |
