| Title |
Bendrovės visuotinio akcininkų susirinkimo sprendimų negaliojimas / |
| Translation of Title |
Invalidity of resolutions of shareholders’ general meeting. |
| Authors |
Mikalonienė, Lina |
| DOI |
10.15388/Teise.2012.0.101 |
| Full Text |
|
| Is Part of |
Teisė.. Vilnius : Vilniaus universiteto leidykla. 2012, t. 83, p. 82-97.. ISSN 1392-1274. eISSN 2424-6050 |
| Abstract [eng] |
The Lithuanian Private Law does not regulate legal consequences of invalidity of resolutions of shareholders of stock company’s general meeting, save to a few exceptions. Therefore, in order to evaluate legal consequences of their invalidity due to violation of shareholder’s rights the article analyzes legal nature of resolution of general meeting (such as juridical act, institutional act as well as other legal categories), each of the conception being evaluated according to the Lithuania Private Law. It is concluded that in Lithuania resolution of general meeting should be treated as an independent and sui generis juridical fact, e.g. an act of the company itself. Sui generis legal nature of resolution of general meeting characterizes invalidity of the resolution of general meeting as an independent and ultima ratio remedy for breach of shareholders’ rights. Declaration of resolution of general meeting as invalid forbids its enforcement as well as supposes restorations of status quo ante. Nevertheless, similarities, compared between resolution of general meeting and juridical act as well as the purpose of their invalidity also lead to the conclusion that regulations applicable to the invalidity of juridical acts should apply by analogy. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2012 |
