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Publication details
Subsidiarita derivativních žalob
Title in English | Subsidiarty of Derivative Suits |
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Authors | |
Year of publication | 2015 |
Type | Article in Proceedings |
Conference | Dny práva 2014 - „Bermudský trojúhelník obchodního práva III“ |
MU Faculty or unit | |
Citation | |
Web | http://www.law.muni.cz/sborniky/dny_prava_2014/obchodni_pravo.pdf |
Field | Law sciences |
Keywords | Derivative Suit; Subsidiarity; Insufficient Conditions of Proceedings; Enjoined Party |
Attached files | |
Description | One of the tools which shall void the prevalence of interests of corporate insiders over the justified interests of corporations is so called derivative suit. The derivative suit provides a possibility to represent the corporation (act in her name) to its shareholders. The primary task of shareholders is, however, not the enforce corporate interests. Thus, the derivative suit is to be seen as one of the last resorts which shall be used only subsidiary; in cases in which the usual mechanisms of internal control fail. |
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