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Shareholder derivative suit
Šimara, Jan ; Flídr, Jan (advisor) ; Josková, Lucie (referee)
-1- Shareholder derivative suit Abstract This thesis concerns itself with the topic of derivative suits and shareholder derivative suits in particular. In the ever-changing landscape of corporate governance, derivative suits serve as a tool for the minority shareholder to enforce claims, which arise following a breach of duty by the directors in the case that the company itself is paralyzed by the directors' unwillingness to litigate. The core of the issue at hand lies in striking the balance between enhancing shareholder and company rights and allowing the directors to perform their duties without too much impediment and thus stifling the prosperity of the corporation. In such cases, the very goal which all business companies intend to pursue, the generation of profit, may be jeopardized. The hypothesis of this thesis seeks to answer the question, whether the Czech regime of shareholder derivative suits is suitably positioned to match the relevant provisions, contained in some of the countries with the most advanced corporate governance systems. To confirm or deny this hypothesis, the first section of this thesis puts forth a general summarization of the derivative suit in its basic form. The next step examines the historical evolution of the derivative suit within the two countries in which the concept of...
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