Title Bendrovių ir kitų juridinių asmenų veiklos klausimų aiškinimas Konstitucinio teismo jurisprudencijoje /
Translation of Title Interpretation of issues of activities of companies and other legal persons in the constitutional court jurisprudence.
Authors Benušis, Vilius
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Pages 86
Abstract [eng] Legal doctrine offers two different views concerning interests of the company – one suggests that company law should promote shareholder primacy rule (i. e. United Kingdom), the other – the view of pluralism, which increases attention to other stakeholders in the company, including the society (i. e. Germany). State’s view on the concept of the company is not only important theoretically, but also has major impact to the legislator, courts and even on the jurisprudence of the constitutional courts. The latter is discussed in this master’s thesis, where the jurisprudence of the Constitutional Court of the Republic of Lithuania is analyzed in the light of protecting the minority shareholders in mandatory bid cases. This thesis gives an understanding, that Lithuania, at least in the eyes of the Constitutional Court, does not promote shareholder primacy rule and tries to protect the welfare of the whole society, but not only the wealth maximization of the shareholders. This work also presents Constitutional Court’s jurisprudence on the necessity of the corporate social responsibility, explaining that it is exceptionally connected with the view of pluralism of the company.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language Lithuanian
Publication date 2016