| Abstract [eng] |
Master‘s thesis analyses the institution of forced selling and buying of shares, which gives a right to a member of legal person to file an application to the court and request the forced sale of shares from the legal person‘s member whose actions contradict the goals of legal person‘s activities or request the purchase of shares from him, when proper exercise of his rights has been obstructed by the legal person‘s member. The first part of this work discloses the evolution, reasons and goals of forced selling and buying of shares institution consolidation in the national law, in order to understand better the purport and necessity of legal rules of the institution. The institution was transfered to Lithuanian Civil code from the Netherland law not so long ago and it is noticeable that recently this institution is applied in the case law more frequently and therefore it is important to interpret and apply the same rules properly and alike both in the legal theory and practice. Since during the implementation of the institution of forced selling and buying of shares the shares owned by shareholder are always sold by force, the second part of master‘s thesis analyses non-contradiction issue of this institution to immunity of property principle. The third part deals with particular stages of the institution of forced selling and buying of shares. The institution is comprehensively regulated in Civil code however the absence of more detailed doctrinal law studies and judicial interpretations of law the problems of theoretical and practical application of this institution have already been encountered. Therefore, the author of this work mainly focuses on the full disclosure of the contents of the legal rules of the institution, finds out the most relevant problems of institution consolidation in legal rules and application in judicial practice and suggests solutions of the problems and options for further improvement of the institution. The national laws have also consolidated other methods of forced sale of shares, therefore in the fourth part of the master‘s thesis the author seeks to compare and make clear distinction between the institutions main features, in order to build awareness of the significance of the forced selling and buying of shares institution consolidation in national law and identify the place of the institution among other similar institutions. |
