지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The principle of equality of shareholders is central principle of company law. By the way, the country which stipulates expressly in law actively is, but the nation of the negative attitude is. Therefore, I think this is not the universal principle which is common in company laws, but the principle which appears from the earnest request of legal actuality. Of course, it will not be able to deny the logic which they establish in ideology of justice and balance that theory and judical precedent support. Only, the universal principle which is a high position norm because is the last bulwark for right protection and a law order maintenance, there is a necessity which will control one application which is possible. To the case to which consequently, the shareholder equal principle needs, respects a clarity and a legal stability from, after stipulating expressly in laws, about the actual condition law violation discussion to lead and, is more desirable to solve. Meantime, there is critical opinion that a view oneself that takeover defenses is not violation of the principle of equality of shareholders, is justifying for poison pills. But, when applying this principle to, the interpretation which is soft and elastic is necessary. Namely, For the whole society from certainly the company which is necessary to exist, there is not a necessity which will apply the equal principle which is uniform about hostile takeover which is the possibility which will injure the company value of the company which is such. In order defending the company value of the company which is necessary in order for the whole society from certainly from, unavoidably to the case where the situation which is special must sacrifice a shareholder equal principle is recognized, there is not a necessity which will accomplish a shareholder equal principle. To the case where like this, the rationality of handling which is unequal is recognized handling which is unequal exceptionally is permitted. And, there is to rationality judgment for handling which is unequal, different element and joins in and a necessity which will consider attributes of the attacker also there is.
#회사법상의 일반원리
#general principles on company law)
#주주민주주의
#shareholder democracy)
#주식평등의 원칙
#principle of equality of shares)
#명문화의 실익
#practical benefits of documented)
#주주우대제도
#shareholder special benefit plan)
#종류주식의 다양화
#diversification of shares)
#매수방어책의 적법성
#legality of takeover defense)
#기업가치
#company value)
#필요성과 상당성
#necessity and reasonableness)
#매수자의 속성
#attributes of the attacker)
목차
등록된 정보가 없습니다.
참고문헌 (49)
참고문헌 신청
이 논문의 저자 정보
최근 본 자료
댓글(0)
0