Vynohradova N. Economic means of protection of shareholders' rights on shares.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U001992

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

23-04-2009

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to legal problems of definition, binding, application and realization of means of protection and defense of the rights and legitimate interests of shareholders; determination of their varieties and peculiarities of their classification. The dissertation is composed on the basis of existing experience of application of protective, prohibitive and authorizing legal norms, existing experience of protective clauses application at economic agreements and also on foreign experience of certain legal mechanisms usage. The dissertation examines issues, connected with definition of legal nature of protective means of rights and legal interests of shareholders; peculiarities of their classification on discrete varieties on the basis of certain criteria, importance of certain means of such protection and necessary conditions of their appropriate functioning; foreign legal mechanisms, which at their appropriate adoption to national legal system, can resolve actual problems of enforcement practice; system of means for protection of the rights and legitimate interests of shareholders in sphere of acquisition and transfer of the rights on shares, in sphere of shares disposal, in sphere of shares turnover; means of establishment of additional guarantees for all participants of corporate relations and shareholders in particular. It is offered to create the certain legal mechanisms and organizational structures, which will be directed on additional maintenance of appropriate protection and restoration of broken rights and legitimate interests of shareholders.

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