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La rémunération des dirigeants sociaux.

Abstract : The remuneration of directors of listed companies generated a lively debate and even controversy as to their amount or to the principles guiding their determination. This debate is often intensified by vivid media coverage aimed at instigating the public opinion and encouraging the legislator to take up the question. The latter then seeks to regulate the practices in question either by imposing mandatory measures at times, or by encouraging self-regulation at others. This study aims to assess the relevance and effectiveness of all of these rules under the hard law and soft law. Such an examination of the substantive law shows a real inability to provide an answer to the problem of the social acceptability of these remunerations through legal tool. It also reviews the evolution of French legislation during the last twenty years, based on the need for transparency and the development of procedures for determining and awarding the remuneration of directors. Judges do not appear to have effective leverage and means of struggle in the Corporate Laws against the excesses of the remuneration. So many hopes have been based on the principles derived from the soft law and in particular, Corporate Governance, yet those hopes were however deceived in many ways. Finally, the question that remains particularly urgent and haunting is whether the law, be it hard or soft, can be a useful and effective tool for regulating the level of remuneration of directors and executives of listed companies
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Submitted on : Wednesday, October 18, 2017 - 11:45:28 AM
Last modification on : Wednesday, March 23, 2022 - 3:51:06 PM
Long-term archiving on: : Friday, January 19, 2018 - 12:47:54 PM


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  • HAL Id : tel-01618649, version 1



Ammar Sharkatli. La rémunération des dirigeants sociaux.. Droit. Université du Droit et de la Santé - Lille II, 2015. Français. ⟨NNT : 2015LIL20016⟩. ⟨tel-01618649⟩



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