Responsibility of the chief executive officer towards the enterprise operating the higher education institution maintained by a public interest asset management foundation performing public tasks
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Abstract
The treatise examines a key instrument of the economic engagement of higher education institutions, namely the legal regulation of academic spin-off companies, with a particular focus on the liability of executive officers toward the company. The central research question explores how the emergence of the public interest trust foundation structure has influenced this liability system compared to the state-maintained model. Regarding certain mandatory provisions that allow no discretion or impose restrictions, the study investigates whether these exist as necessary guarantees for the performance of public tasks or as unjustifiable constraints. The author employs dogmatic and statutory analysis to explore the provisions of relevant legislation, particularly the Innovation Act and the National Higher Education Act. Throughout the research, a historical overview is occasionally provided to facilitate the understanding of conceptual shifts, while the study critically contrasts conflicting statutory definitions and cross-references.
https://doi.org/10.24169/DJM/2026/1-2/6