Publication details
Porušení nespolečnických povinností či výkon práva jako důvod pro vyloučení společníka rozhodnutím soudu
| Title in English | Breach of Non-shareholder Duties or Exercise of Rights as Grounds for Exclusion of a Shareholder by a Court Decision |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Obchodněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Exclusion of a shareholder; duties of shareholder; breach of duty; duty of loyalty. |
| Attached files | |
| Description | This article examines grounds for an exclusion of a shareholder (partner) of Czech limited liability company or partnership by a court decision. The question is whether court has a power to exclude a shareholder only because of breach of shareholder’s duties arising from his shareholder status, or because of breach of duties arising from other (non-shareholder) legal relationships between the shareholder and the company (e.g. duties of director, lessor) as well. The question, whether even the exercise of right from other relationship may, under specific circumstances, constitute a basis for shareholder’s exclusion, arises as well. The article summarizes up possible attitudes and points out that legal theory and judicial practice are not consistent so far. It seems that shareholder and non-shareholder duties may be linked by a duty of loyalty. Therefore, the article attempts to define a duty of loyalty of a shareholder as a vehicle to address above-mentioned questions. |
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