Liquidation of a Business Company Based on Its Member's Claim and Expulsion a Member from a Company: Convergence of Right Protection Methods

The paper is aimed at considering the question of the optimality of the existing regulation of the winding up of a corporation at the suit of a shareholder in the framework of closely held corporation as a remedy. The presented article aims to evaluate the use of such remedy within the framework of case law and to consider it from theoretical positions. Within the framework of the study, in particular, the thesis is put forward that in case there is a tendency to some merging of the winding up of the corporation at the suit of a shareholder and the exclusion of a shareholder of a corporation into a single remedy, which is aimed at the actual termination of the partnership relations underlying the corporation. The author also comes to the conclusion about the possibility of changes at the level of case law to the consideration of disputes in the framework of corporate conflicts related to the loss of trust relations between shareholders of a closely held corporation.

Authors

Publication Details

Journal
Juridical world
Published
2024-11-28
DOI
https://doi.org/10.18572/1811-1475-2024-12-30-33
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Liquidation of a Business Company Based on Its Member's Claim and Expulsion a Member from a Company: Convergence of Right Protection Methods

Egor V. Kostin
Juridical world
Corporate Governance and Law
article

Liquidation of a Business Company Based on Its Member's Claim and Expulsion a Member from a Company: Convergence of Right Protection Methods

Egor V. Kostin
article en

Abstract

The paper is aimed at considering the question of the optimality of the existing regulation of the winding up of a corporation at the suit of a shareholder in the framework of closely held corporation as a remedy. The presented article aims to evaluate the use of such remedy within the framework of case law and to consider it from theoretical positions. Within the framework of the study, in particular, the thesis is put forward that in case there is a tendency to some merging of the winding up of the corporation at the suit of a shareholder and the exclusion of a shareholder of a corporation into a single remedy, which is aimed at the actual termination of the partnership relations underlying the corporation. The author also comes to the conclusion about the possibility of changes at the level of case law to the consideration of disputes in the framework of corporate conflicts related to the loss of trust relations between shareholders of a closely held corporation.

Juridical world
Openalex Percentile: Top 52%
Corporate Governance and Law
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