This dissertation aims to offer a comprehensive view of Directors and Officers Liability Insurance, globally known as D&O Insurance. In the context of social relations, the obligation to repair damages is a fundamental principle. Everyone is responsible for the consequences of their actions and decisions, implying the obligation to indemnify whenever someone, intentionally or not, causes harm to the others. In an organizational structure, the board of directors is of utmost importance as it holds relevant responsibilities in conducting social business. Administrators are thus subject to a series of legal obligations, including the obligation of care and loyalty, as established in article 64º of the Portuguese Companies Code. In this sense, the breach of administrators' legal duties can result in actions for civil liability, subject to established requirements. Indeed, as set forth in articles 72º, 78º, and 79º of the Portuguese Companies Code, administrators may be held liable to the company, social creditors, and shareholders/third parties respectively. Faced with this reality, it becomes imperative to have tools to protect members of the management body in order to mitigate the aforementioned risks. In this regard, D&O Insurance emerges, playing a crucial role in defending administrators against potential claims resulting from alleged breaches of their duties. By providing an additional layer of financial security, covering legal costs and indemnities arising from lawsuits, Directors and Officers Liability Insurance allows administrators to perform their duties with greater confidence and diligence, protecting them from the inherent risks of their roles.
Date of Award | 10 Sept 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Armando Triunfante (Supervisor) |
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- Directors and officers liability insurance
- D&O insurance
- Legal obligations
- Duties of care and loyalty
- Breach of legal duties
- Civil liability
- Protection tools
- Mestrado em Direito e Gestão
O seguro de responsabilidade civil dos administradores
Moreira, M. A. N. (Student). 10 Sept 2024
Student thesis: Master's Thesis