AIAS Lunch Seminar 17 december Hanneke Bennaars - University of Amsterdam - Faculty of Law

‘The legal position of company managers’

Hanneke Bennaars

Day: Thursday 17 December 2015
Time: 12.15 – 13.15 hrs.
Location: AIAS, 4th floor Gijsbert van Tienhoven building, room 4.09, Roeterstraat 31, 1018 WB
Registration: Please send an email, preferably before Wednesday 16 December, 12.00 hrs. to register.
A sandwich will then be provided.

Abstract

The legal position of a managing director is governed by contract law, more in particular employment contract law, on the one hand and corporate law on the other hand. Employment contract law is strongly based on the protection of the employee. Company law mainly revolves around a well-balanced division of powers within the company and is merely based on the function of regulation than protection. Initially it seems that these different principles are not consistent with each other. It is often believed that the protective nature of employment law can be an obstacle for corporate relationships. Taking a closer look at the appointment, remuneration, and dismissal of the director shows that there is a more nuanced answer to the question whether the rules of Book 2 (corporate law) and Book 7 (employment contract law) of the Dutch Civil Code (‘DCC’) are indeed conflicting, what problems result from this, and what a possible solution could be found.

Presenter

Hanneke Bennaars took her Degree of Law at the University of Amsterdam (1998). She has worked as an employment lawyer between 1999 and 2003. After a few years as an independent lawyer, she joined the law firm Stibbe in 2006. As of mid-2014 she focused on finalizing her thesis regarding the legal position of the managing director that she defended on 1 July 2015. Currently Hanneke works as a teacher and researcher at the University of Amsterdam, HSI.

The next lunch seminar 14 January 2016

Takashi Yonezu
Law of Dismissal in Japan


Click here for all the AIAS lunch seminars from Januari – June 2016

 
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