Suchergebnisse

Nors akcininkų sutarties koncepcija bendruoju požiūriu nėra įtvirtinta Lietuvos Respublikos teisės aktuose, tačiau tam tikrų specifinių akcininkų sutarčių teisinis reguliavimas yra nustatytas Civiliniame kodekse. Šiame straipsnyje autorius detaliai nagrinėja Civiliniame kodekse numatytas balsavimo sutarties ir balsavimo teisių perleidimo sutarties sąvokas. Straipsnyje taip pat pateikiamas tokių sutarčių vertinimas ir jų sukeliami teisiniai padariniai. Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting rights agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

The ongoing economic crisis around the world and the recent events in corporate bankruptcy sector (including Enron and Parmalat cases) have shown a clear signal to regulate more efficiently the corporate governance laws and especially the relations between shareholders and the governance body of the company. This thesis paper addresses the regulatory framework issues, which mitigate the conflict of interests between the shareholders and the governance body of publicly traded companies. Five legal instruments are analyzed in order to achieve this objective: market for corporate control and takeovers, information disclosure, director remuneration, structure of governance body and shareholder empowerment. Each legal instrument is analyzed from two legal perspectives, first, the European Union legal framework is described and then analysis concentrates on the implementation of European law in the Republic of Lithuania. Comments and proposals are given to existing implementation problems. The conclusion emphasizes that a systematic use of all the above mentioned legal instruments is required in order to mitigate the costs of separation of ownership and control in publicly traded companies.

The ongoing economic crisis around the world and the recent events in corporate bankruptcy sector (including Enron and Parmalat cases) have shown a clear signal to regulate more efficiently the corporate governance laws and especially the relations between shareholders and the governance body of the company. This thesis paper addresses the regulatory framework issues, which mitigate the conflict of interests between the shareholders and the governance body of publicly traded companies. Five legal instruments are analyzed in order to achieve this objective: market for corporate control and takeovers, information disclosure, director remuneration, structure of governance body and shareholder empowerment. Each legal instrument is analyzed from two legal perspectives, first, the European Union legal framework is described and then analysis concentrates on the implementation of European law in the Republic of Lithuania. Comments and proposals are given to existing implementation problems. The conclusion emphasizes that a systematic use of all the above mentioned legal instruments is required in order to mitigate the costs of separation of ownership and control in publicly traded companies.

This article discusses issues related to the interdisciplinary research in law. In particular, the article focuses on interdisciplinary challenges related to research methods and concepts developed in economic science and used by company law scholars. In the scholarship of company law it has become traditional to combine comparative method (the main purpose of which is to compare the laws of different countries) and company law theory (explaining or providing arguments why certain relationships should be regulated in a particular way). However, the theoretical scholarship in the field of company law is usually based on the insights of other disciplines, for example, economics, sociology, philosophy, political science, etc. Despite the fact that interdisciplinary research (at least to some degree) seems to be inevitable in company law scholarship, combining different social sciences and methods developed in other sciences immediately causes various challenges. One of the most frequent challenges is that the same concepts have different meanings in each of the discipline. This raises a question, whether these different concepts can be reconciled or transferred from one field to another without losing their initial purpose and meaning. Considering the above, this article argues that (i) insights provided by other social sciences are essential to the scholarship of company law, however, (ii) the incompatibility between law and other sciences raises a lot of challenges. The main examples provided in the article are based on interrelations between company law and economics. In addition, different legal and economic concepts are presented in the article with the explanation on how they interact with one another. The article concludes by commenting on implications of challenges posed by the inevitable interdisciplinary research in company law.

This article discusses issues related to the interdisciplinary research in law. In particular, the article focuses on interdisciplinary challenges related to research methods and concepts developed in economic science and used by company law scholars. In the scholarship of company law it has become traditional to combine comparative method (the main purpose of which is to compare the laws of different countries) and company law theory (explaining or providing arguments why certain relationships should be regulated in a particular way). However, the theoretical scholarship in the field of company law is usually based on the insights of other disciplines, for example, economics, sociology, philosophy, political science, etc. Despite the fact that interdisciplinary research (at least to some degree) seems to be inevitable in company law scholarship, combining different social sciences and methods developed in other sciences immediately causes various challenges. One of the most frequent challenges is that the same concepts have different meanings in each of the discipline. This raises a question, whether these different concepts can be reconciled or transferred from one field to another without losing their initial purpose and meaning. Considering the above, this article argues that (i) insights provided by other social sciences are essential to the scholarship of company law, however, (ii) the incompatibility between law and other sciences raises a lot of challenges. The main examples provided in the article are based on interrelations between company law and economics. In addition, different legal and economic concepts are presented in the article with the explanation on how they interact with one another. The article concludes by commenting on implications of challenges posed by the inevitable interdisciplinary research in company law.