Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law: Proposed law, procedure and amendments
The shareholders of a company entrust the day-to-day management of the company to a group of managers. In order to maintain the value of their shares and their right to receive dividends, shareholders maintain certain tools to influence the shares. They are usually influenced by expressing their opi...
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2022-01-01
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| Series: | پژوهشنامه حقوق تطبیقی |
| Subjects: | |
| Online Access: | https://lps.journals.umz.ac.ir/article_3650_f9a867b224709851301bb1647165eaec.pdf |
| _version_ | 1797942595125510144 |
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| author | Masoumeh Javid Mehdi Ashouri Hossein KAVIAR |
| author_facet | Masoumeh Javid Mehdi Ashouri Hossein KAVIAR |
| author_sort | Masoumeh Javid |
| collection | DOAJ |
| description | The shareholders of a company entrust the day-to-day management of the company to a group of managers. In order to maintain the value of their shares and their right to receive dividends, shareholders maintain certain tools to influence the shares. They are usually influenced by expressing their opinions and obtaining votes in the general meetings of shareholders. However, there are other tools of influence, one of which is derivative litigation. This is a lawsuit filed against the directors by the minority shareholders on behalf of the company. In cases where the company has suffered damages due to the manager's misconduct, the company has the right to take action against the manager, but is usually reluctant to do so. Derivative litigation enables shareholders to take legal action against delinquent managers.Common law, Roman Germanic systems and Iran have adopted different approaches to protect minority shareholders. But the common law system acted more flexible and more complete in this case. Implementation of the common law rules in the Roman Germanic countries demand some conditions that must be included in Roman Germanic law. The gradual process of regulatory reform in Iran, the possibility of litigation derived expanded and some of the rules and regulations need to be revised again. This article offers a comparative approach to the legislator. |
| first_indexed | 2024-04-10T20:11:03Z |
| format | Article |
| id | doaj.art-3b9672c312044bd8856e2e886f9141c2 |
| institution | Directory Open Access Journal |
| issn | 2423-7566 |
| language | English |
| last_indexed | 2024-04-10T20:11:03Z |
| publishDate | 2022-01-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj.art-3b9672c312044bd8856e2e886f9141c22023-01-26T11:06:36ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662022-01-01529111010.22080/lps.2022.22954.12993650Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law: Proposed law, procedure and amendmentsMasoumeh Javid0Mehdi Ashouri1Hossein KAVIAR2LL.M in Corporate law, Shahrekord University, Shahrekord, IranAssistant Professor, Department of Law, Faculty of Literature and Humanities, Shahrekord University, Shahrekord, Iran.Assistant Professor, Department of Law, Faculty of Administrative Sciences and Economics, Arak University, Arak, Iran.The shareholders of a company entrust the day-to-day management of the company to a group of managers. In order to maintain the value of their shares and their right to receive dividends, shareholders maintain certain tools to influence the shares. They are usually influenced by expressing their opinions and obtaining votes in the general meetings of shareholders. However, there are other tools of influence, one of which is derivative litigation. This is a lawsuit filed against the directors by the minority shareholders on behalf of the company. In cases where the company has suffered damages due to the manager's misconduct, the company has the right to take action against the manager, but is usually reluctant to do so. Derivative litigation enables shareholders to take legal action against delinquent managers.Common law, Roman Germanic systems and Iran have adopted different approaches to protect minority shareholders. But the common law system acted more flexible and more complete in this case. Implementation of the common law rules in the Roman Germanic countries demand some conditions that must be included in Roman Germanic law. The gradual process of regulatory reform in Iran, the possibility of litigation derived expanded and some of the rules and regulations need to be revised again. This article offers a comparative approach to the legislator.https://lps.journals.umz.ac.ir/article_3650_f9a867b224709851301bb1647165eaec.pdfderivative claimsrights of minority shareholderscommon law systemthe roman germanic systemiran |
| spellingShingle | Masoumeh Javid Mehdi Ashouri Hossein KAVIAR Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law: Proposed law, procedure and amendments پژوهشنامه حقوق تطبیقی derivative claims rights of minority shareholders common law system the roman germanic system iran |
| title | Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law:
Proposed law, procedure and amendments |
| title_full | Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law:
Proposed law, procedure and amendments |
| title_fullStr | Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law:
Proposed law, procedure and amendments |
| title_full_unstemmed | Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law:
Proposed law, procedure and amendments |
| title_short | Restrictions and Conditions of Minority Derivative Litigation in British and Roman-German Law:
Proposed law, procedure and amendments |
| title_sort | restrictions and conditions of minority derivative litigation in british and roman german law proposed law procedure and amendments |
| topic | derivative claims rights of minority shareholders common law system the roman germanic system iran |
| url | https://lps.journals.umz.ac.ir/article_3650_f9a867b224709851301bb1647165eaec.pdf |
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