CEU Electronic Theses and Dissertations, 2008
| Author | Bartl, Marija |
|---|---|
| Title | CZECH REGULATION OF SQUEEZE OUT IN COMPARATIVE PERSPECTIVE |
| Summary | This thesis examines the relation between the Czech regulation of the Squeeze Out procedure and the Human Right to Property as protected by the European Convention on Human Rights (Protocol No. 1) and the Czech Constitution. The Squeeze Out legislation was one of the most controversial pieces of legislation enacted in the Czech Republic in the last years. This thesis analyzes the Czech Squeeze Out procedure in the light of the European Convention on Human Rights and the Czech Constitution, doing so by way of comparison with the German regulation and contrasting it to the requirements stemming from EC Law. The methodology used is primarily empirical (case studies of the relevant bodies of law) and comparative. The main objective is to suggest a possible decision of the Czech Constitutional Court concerning the constitutionality of the Squeeze Out regulation and to anticipate the reaction of the European Court on Human Rights in case any of the applications concerning the Czech Squeeze Out procedure reaches its premises. The practical importance of this thesis lies in its competence to equip minority shareholders, who would like to take legal action or to continue in legal action, with a set of legal arguments which might be used when pursuing the claims first against majority shareholders, and later eventually against the state. |
| Supervisor | Messmann, Stefan |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/bartl_marija.pdf |
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