Abstract

Associate Justice of the United States Supreme Court Robert H. Jackson said: “We are not final because we are infallible, but we are infallible only because we are final.” A manager is not infallible, but his sovereignty must be legally guaranteed, which is tantamount to the privilege of infallibility. The debate concerning responsibility of a member of the management board of a company touches upon the right to make an error and the limits of managerial freedom. The solutions adopted in the companies law must not hinder the business decision making process for fear of responsibility. There is no freedom without responsibility, but there is no justification for responsibility without a guarantee of freedom.