Koutsias, Marios (2017) The Fallacy of Property Rights' Rhetoric in the Company Law Context: From Shareholder Exclusivity to the Erosion of Shareholders' Rights. International Company and Commercial Law Review, 28 (6). pp. 217-233.
Koutsias, Marios (2017) The Fallacy of Property Rights' Rhetoric in the Company Law Context: From Shareholder Exclusivity to the Erosion of Shareholders' Rights. International Company and Commercial Law Review, 28 (6). pp. 217-233.
Koutsias, Marios (2017) The Fallacy of Property Rights' Rhetoric in the Company Law Context: From Shareholder Exclusivity to the Erosion of Shareholders' Rights. International Company and Commercial Law Review, 28 (6). pp. 217-233.
Abstract
Questions the dominant view that shareholders have a property right over any company in which they invest, the basis of the notion of shareholder supremacy. Argues that "property rights" no longer apply within the modern company law context as share ownership has been decoupled from voting rights. Suggests that the derivative action mechanism of the Companies Act 2006 illustrates that shareholders cannot exercise effective control of management.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Corporate governance; Derivative claims; Proprietary rights; Shareholders' rights |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Humanities Faculty of Humanities > Essex Law School |
| SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
| Depositing User: | Unnamed user with email elements@essex.ac.uk |
| Date Deposited: | 08 Jun 2017 14:25 |
| Last Modified: | 06 Jan 2022 14:47 |
| URI: | http://repository.essex.ac.uk/id/eprint/19771 |
Available files
Filename: Koutsias_2017_ICCLR_Issue_6_Proof_2 (1).PROPERTY ICCLR.pdf