Zaborovsky V. Legal nature of shares and procedure of their converting in Ukraine and Russian Federation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U005524

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

10-09-2010

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

Thesis is devoted to the complex analysis of legal nature of share and procedure of its converting. The special attention is spared to the analysis of fundamental signs of share as the variety of securities. Conclusion is drawn that a share is unique corporate security. The analysis of civil legal essence of non-documentary securities, in particular shares, is conducted and the methods of defence of proprietors of such securities are explored. Separate attention is spared to research of basic criteria of division of shares (on simple shares and preference shares; shares of public and shares of private joint-stock companies; on nominal bearer shares and bearer shares), and also civil legal essence of such legal construction as «holden share» is explored. The research of general characteristic of procedure of converting shares and methods of its realization is made as well. On the basis of analysis of scientific literature normative acts and judicial practice concrete recommendations on the improvement of legislation and practice of its application is formulated.

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