| Abstract [eng] |
Forced Sales and Purchases of Stock of Shareholder of Private Limited Company: Comparative Aspects This thesis deals with Lithuanian and foreign private equity companies in the institutes of forced sale and purchase of shares. If one of these institutes are initiated, a shareholder may withdraw from the company or may be removed from it. The author notes that the forced sale and purchase of shares are two separate institutes, which require different conditions and circumstances to be implemented. These institutes were brought from the Dutch Civil Code and incorporated in the second book of the Civil Code of the Republic of Lithuania. It should be noted that both in Lithuania and other countries, forced sale and purchase of shares are implemented by court. In Lithuania and many other countries of the European Union, these institutes are the last resort tool, which can be implemented, when there are no other remedies to ensure the legitimate rights and interests of the company or its shareholders. These institutes aim to return the parties to the status quo ante, resolve disputes between the company’s shareholders and ensure further activities of the company. Using the descriptive, linguistic, systematic, comparative and teleological method, this thesis brings a comprehensive overview of the regulations of the institutes of forced sale and purchase of shares both in Lithuania, the countries of The European Union and The United States of America. A comparative analysis between these legal systems reveals the positive and negative aspects of the implementation of these institutes, the legislator is being offered options of how to improve the regulation of the above-mentioned institutes in Lithuania and to facilitate their application and implementation. The first part of the master thesis focuses on the application issues and problems of the implementation of the forced sale of shares. The forced purchase of shares and its regulation problems are focused in the second part of the thesis and in the third part of the thesis, the author deals with the procedural matters of the institutes of forced sale and purchase of shares, without which it would be impossible to properly understand the regulation and implementation of the whole case of forced sale and purchase of shares. |
