| Abstract [eng] |
Over the past few decades, the global economy, globalization and more and more commercial transactions have led to search for more practical solutions and legal regulation of these issues. The object of the research work is the transfer of voting rights. The share defines the shareholder's share of the assets in the company, determines the property and non-property rights granted to the shareholder, and the share is also a transferable asset, so the shareholder, as the owner, can dispose of the existing shares with third parties. In the opinion of one author, the objectives of this agreement are to create more favorable conditions for voting at the general meeting of shareholders and to ensure the most effective form of management of the company, which would ensure not only the interests of the company but also the interests of shareholders. It is also possible to conclude on a doctrinal basis that the protection of shareholders and the interests of the company should be considered as a priority, therefore, the person who has acquired the voting right must implement it without prejudice to the interests of the shareholders and the company, which usually occur through the pursuit of maximum profit and investment protection. The submission of absolute solutions to this problematic aspect is, in the author's view, difficult because of the factual circumstances of each legal relationship, and the legitimacy of voting rights should therefore be assessed on an ad hoc basis for each dispute. This allows the shareholder to use other special remedies, depending on the extent to which the violation was committed, whose interests were violated, and the legal consequences for the injured party, but not all special remedies available to a shareholder whose voting rights are exercised by another person. |
