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On the interests of minority shareholders derivative litigation protection

Author: XieJia
Tutor: ZhengChunYu；ZhangFuChi
School: Inner Mongolia University
Course: Legal
Keywords: Interests of minority shareholders Shareholder derivative litigation Safeguards
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 38
Quote: 0
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Abstract


In China on October 27, 2005, the revised the company law certainly derived lawsuit system for the first time. Caused the legal awareness of the derivative action. This article emphatically from the following four parts to explore and put forward own viewpoint: a, derivative action on the necessity of minority shareholder protection. Mainly expounds the concept and status of small shareholders, shortage of special protection, the value of the derivative action and as an relief means to protect the interests of small shareholders has an irreplaceable role. Second, China's small shareholder derivative litigation security present situation and causes of interests. Through the statistics and typical case study shows that at present small shareholders interests present situation and the cause of the problem of lack of security. Three, derivative lawsuit system in the three legal comparative study, analysis of the United States, France, Germany, the success of the legislative cases and comparing analysis. Four, consummates our country derived litigation about the concept of the small shareholders' interests protection. For wrongdoing by the majority shareholder and minority shareholder derivative litigation can apply for relief of itself. At the same time, the small shareholders enjoy win after win benefit claims, litigation rights and shareholder exit cost compensation claims.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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