论普通法上的董事责任保险

On D&O Liability InSurance in Common Law

董事责任保险 ,是指以董事、经理向公司或第三者 (股东、债权人等 )承担民事赔偿责任为保险标的的一种保险。普通法国家公司法典及判例多规定有董事责任保险制度 ,对董事、经理经营中的某些过失责任运用保险机制分散其风险。文章还就我国董事责任保险建立的必要性及有关问题进行了论证。

D&O liability insurance is a kind of insurance designed to prevent directors and officers from liability for the corporation or the third party. In the common law Jurisdiction, D&O liability insurance is generally stipulated in the written corporation law and case law, thereby the directors and officers can get away from their liability arising out of their negligent mismanagement. This article is to introduce basic framework of D&O liability insurance in the common law jurisdiction and to identify the necessity and common issues involved in the perfection of the D&O liabilility insurance of China.