PhD research Otis Tromp: The changing role of reasonableness and fairness in company law

Reasonableness and fairness are vague norms in private law. Traditionally, reasonableness and fairness are fleshed out by weighing interests in a concrete case. In corporate law, it appears that reasonableness and fairness are used differently than in private law. Reasonableness and fairness form the basis for corporate law doctrines, such as duties of care and responsibility for companies and (majority) shareholders. These duties apply not only in a concrete case, but in a multitude of cases. This is accompanied by the necessary legal uncertainty. The purpose of this dissertation is to remove that legal uncertainty.