Publication details

Subsidiarita derivativních žalob

Title in English Subsidiarty of Derivative Suits
Authors

RUBAN Radek

Year of publication 2015
Type Article in Proceedings
Conference Dny práva 2014 - „Bermudský trojúhelník obchodního práva III“
MU Faculty or unit

Faculty of Law

Citation
Web http://www.law.muni.cz/sborniky/dny_prava_2014/obchodni_pravo.pdf
Field Law sciences
Keywords Derivative Suit; Subsidiarity; Insufficient Conditions of Proceedings; Enjoined Party
Attached files
Description One of the tools which shall void the prevalence of interests of corporate insiders over the justified interests of corporations is so called derivative suit. The derivative suit provides a possibility to represent the corporation (act in her name) to its shareholders. The primary task of shareholders is, however, not the enforce corporate interests. Thus, the derivative suit is to be seen as one of the last resorts which shall be used only subsidiary; in cases in which the usual mechanisms of internal control fail.
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