Publication details
Základní kapitál a ochrana věřitelů při jeho rozdělování
| Title in English | Share Capital and Creditors' Protection within its Distribution |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Description | Under the weight of criticism, the share capital has gradually become a marginal topic of the domestic legal discourse. To some extent paradoxically, even though a significant part of the recodified regulation of the business corporations is dedicated to the dispositions with the share capital in both legal forms of the capital companies. The presented paper describes the system of (share) capital maintenance and the fundamental differences between the concept of share capital in the continental area and the United States of America. Within the continental approach, the functions of the share capital are further developed, the effectiveness of which is examined in detail primarily with the reference to the critical texts on the share capital. The insights drawn from the description of the functions are then applied to analyse the rules limiting the disposals of the value of the share capital with a particular focus on creditor protection through the principles of the creation and the maintenance of the capital. The paper aims to describe in detail the meaning and purpose behind the regulation of the share capital, the role of the share capital in the Czech legal system, and the assessment of whether it is indeed a legal instrument worthy of criticism, that could be released out of the system of the capital companies’ regulation. |