• Squezze Out: How much protection for minority shareholders?. Comparative Constitutional Analysis of the Czech Regulation of Squeeze Out

Publisher:
Lambert Academic Publishing
Publication date:
2010-09-15
Authors:

(Marija Bartl is currently a PhD candidate at the European University Institute, Florence, Italy. She got her LL.M. at Central European University, Budapest, Hungary, and her first degree at the Law Faculty of the Charles University in Prague, Czech Republic. She has been awarded number of prizes and scholarships.)
ISBN:
9783838331904

Description:

The Squeeze Out legislation was one of the most controversial pieces of legislation enacted in the Czech Republic in the last years, followed by even more controversial decision of the Czech Constitutional Court. This thesis examines the relation between the Czech regulation of Squeeze Out and the Human Right to Property as protected by the European Convention on one side, and the Czech Constitution on another, doing so by the way of comparison with the German regulation (and its constitutional assessment) and contrasting it to the requirements stemming from the EC law. The thesis, however, has much broader standing. It analyzes the whole set of legal issues which should be considered when assessing different encroachments into the shareholders rights under both national and international human rights standards. Therefore it is not only relevant in the case of squeeze out procedure, but also in relation to other restrictions of shareholders rights appearing in company law. It equips minority shareholders (and their legal advisers) with comprehensive set of arguments which can be put forward when challenging the compliance of disputed provisions with the human rights standards.

MATERIAS: Squeeze-out, company law, Human Right to Property, Czech Republic, European Convention of Human Rights, Czech Constitutional Court, German Federal Constitutional Court