| Abstract [eng] |
The analysis is being focused on the matters connected with means of forced sale and purchase of shares and its realization. Author excludes five independent means of forced sale and purchase of shares. Forced sale of shares (interest, contribution), forced sale of shares (interest, contribution) due to the failure to exercise the Rights properly, mandatory bid, squeeze-out and sell-out rule. The regulation of institutions mention above in the legal acts of the Republic of Lithuania is sufficient, however the novelty of institutions, the lack of judicial precedents and interpretation of law encouraged author to analyze and interpret the rules of forced sale and purchase of shares that were existing and that still exist. Considering that same means of forced sale and purchase of shares are regulated the legal acts of European Union, applying the historical, systemic, comparison and logical methods the regulation of legal acts of European Union and its implementation in the acts of the Republic of Lithuania is being analyzed. It is tried strictly to exclude every mean of forced sale and purchase of shares and to individualize each. Despite the different level of regulation, author successively discusses conception, signs and principles of every forced sale and purchase of shares. Forced sale of shares (interest, contribution) was being taken from one of the modest civil code of Netherlands and implemented in civil code of the Republic of Lithuania. Exhaustively revealing the procedure of forced sale of shares (interest, contribution) and the existing judicial precedents it is tried to ascertain the most common problem that arise in realization. Urgency of mandatory bid and squeeze-out and sell-out rule is evident. Huge number of changing reglamentation of the instutions mentioned above prove, that previous regulation was not exausive, right and sufficient. The newest edition of Law of Securities come into force just before Master thesis. Author is trying to take an oportunity and to present and to analyze the rules that were implemented in newst edition of law. |
