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Dalhousie University

1. Iushchenko, Igor Sergiiovych. PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES.

Degree: Master of Laws, Faculty of Law, 2012, Dalhousie University

This thesis analyses minority shareholder protection in common law and civil law systems. Principally, this is done by examining closely-held corporations created under Canadian, Ukrainian and German laws. It examines minority shareholder protection by critically analyzing voting and related rights, the right to information; withdrawal from the company, expulsion right, the dissolution of a company, derivative action and direct action. The thesis also summarizes problems in the civil law system that cannot be solved in favor of minority shareholders. In addition to the above-mentioned, it provides possible solutions to the problems of minority shareholder protection in the civil law system, that is, methods by which to increase protection for minority shareholders against the majority and/or directors. Specifically, it focuses on cumulative voting, common law director’s duties, derivative action and the oppression remedy. Moreover, this thesis analyzes the possibility of incorporating some institutions into civil law legislation and considers obstacles to implementing them. Advisors/Committee Members: N/A (external-examiner), Stephen Coughlan (graduate-coordinator), Professor Geoffrey Loomer (thesis-reader), Professor Michael Deturbide (thesis-reader), Professor Sarah Bradley (thesis-supervisor), Not Applicable (ethics-approval), Not Applicable (manuscripts), Not Applicable (copyright-release).

Subjects/Keywords: shareholders; minority shareholders; minority; common law; civil law; corporate law; company law; comparative; law systems; Ukrainian law; German law; Canadian law; remedies; remedy; shareholders remedy; majority shareholders; right abuse; protecting minority shareholders; protection of the minority

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Iushchenko, I. S. (2012). PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES. (Masters Thesis). Dalhousie University. Retrieved from http://hdl.handle.net/10222/15336

Chicago Manual of Style (16th Edition):

Iushchenko, Igor Sergiiovych. “PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES.” 2012. Masters Thesis, Dalhousie University. Accessed February 23, 2019. http://hdl.handle.net/10222/15336.

MLA Handbook (7th Edition):

Iushchenko, Igor Sergiiovych. “PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES.” 2012. Web. 23 Feb 2019.

Vancouver:

Iushchenko IS. PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES. [Internet] [Masters thesis]. Dalhousie University; 2012. [cited 2019 Feb 23]. Available from: http://hdl.handle.net/10222/15336.

Council of Science Editors:

Iushchenko IS. PROTECTING MINORITY SHAREHOLDERS IN CIVIL AND COMMON LAW SYSTEMS: CANADIAN, UKRAINIAN AND GERMAN EXAMPLES. [Masters Thesis]. Dalhousie University; 2012. Available from: http://hdl.handle.net/10222/15336

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