The Classifications of Civil Remedies for the Protection of Shareholders’ Rights

• Main Authors: Chun-LinLi, 李俊霖
• Other Authors: Chun-Jen Chen
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/r2uxs9

博士 === 國立成功大學 === 法律學系 === 107 === Starting with a theoretical framework of corporate governance, this dissertation discusses a variety of shareholders’ rights in Corporation Law, Security Law, and M＆A Law. In particular, it addresses the question of how to fulfil these rights through civil procedure, such as civil action and injunctive relief. The dissertation goes on to classify shareholders’ rights based on their different effects and beneficiaries. These are: “Rights for common benefit”, “Remedies (declaration or revocation suit) for the defective (substantial or procedural violation) majority’s resolution”, and “Rights for private benefit.” Finally, practical and theoretical issues are discussed in detail, along with relevant judicial reviews handed down by the courts, legal interpretations provided by agencies in charge, opinions offered by scholars, and recommended appropriate relief.