CEU eTD Collection (2007); Szentkuti, Daniel: Minority shareholder protection rules in Germany, France and in the United Kingdom A comparative overview

CEU Electronic Theses and Dissertations, 2007
Author Szentkuti, Daniel
Title Minority shareholder protection rules in Germany, France and in the United Kingdom A comparative overview
Summary The thesis examines the three major company law models in Europe from minority shareholder protection aspect. Starting with the general analysis of companies and the different groups of interest the research focuses on understanding the social and economic reasons behind minority shareholder protection. Minority shareholder protection is provided by general principles of law, by statutory remedies and procedural instruments. In this paper an overview was given on these branches of protection, revealing the differences between German, French and English court practice. An additional goal is showing the reader the statutory remedies’ difficulties in each jurisdiction and to call attention for the numerous alternatives which are at the hands of minority shareholders to provide their interests in any case of abuse. Nevertheless minority shareholder protection is not a ’bad or good’ question: in each phase of policy-making there are competing values and legislator should take into consideration all possible factors in determining the scope of protection. The introduction of these competing values constitutes an essential component of this thesis as well.
Supervisor Peter Behrens L.L.M. SJD
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2007/szentkuti_daniel.pdf

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