CEU Electronic Theses and Dissertations, 2016
| Author | Alonzo, Timmy Joy Santiago |
|---|---|
| Title | Derivative Litigations in England and the Philippines: A Comparative Study |
| Summary | This thesis compares the current status of the English statutory derivative claim mechanism and the Philippine common law derivative suit mechanism, and evaluates which fulfills its function better. After the comparative analysis of the derivative litigations in England and the Philippines based on eight factors of comparison, it is the conclusion of this thesis that the approach of the Philippine jurisdiction is better in terms of fulfilling the function of derivative litigation, which is to give a member or shareholder the right to bring action for and on behalf of the company or corporation when it fails to take action to redress an injury or wrong that it suffered. Derivative claims remain rare in England and not as utilized as derivative suits in the Philippines due to, among other factors, the restrictiveness of the English mechanism and the presence of an alternative remedy. Notwithstanding the foregoing, England’s effort to statutorily recognize the right to bring derivative claims is commendable and can be learned from. While the beauty of the Philippine common law derivative suit mechanism is that it is flexible and accessible, the downside is that it is like a maze that is difficult to navigate. It is true that if something is not broke, it does not have to be fixed. However, there is always room for improvement. Thus, this thesis recommends that it would be best practice for the Philippines to statutorily recognize the substantive law on derivative suits, following the English example, albeit with less restrictive provisions, in order to achieve a mechanism that is coherent, predictable and easier to navigate than the existing common law mechanism. |
| Supervisor | Behrens, Peter |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/alonzo_timmy-joy.pdf |
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