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The Duty of Loyalty of a Shareholder From the Czech and German Perspective

Publication at Faculty of Law |
2018

Abstract

The talk was focused on the duty of loyalty of a shareholder in Czech and German jurisdiction. Initially, the Czech case law was analysed.

It was observed that the duty of loyalty is a general principle which underlies the statutory regulation. Furthermore, it prevents shareholder from harming the company and from being groundlessly threatening its activities.

After that, the theoretical foundations of the duty of loyalty were assessed. In the second part of the talk, the German case law was outlined, mainly with respect to the duties of majority and minority shareholders.

At the end, the British approach to shareholders' duties was discussed as well.