Išvestinio akcininkų ieškinio institutas Lietuvos teisės sistemoje.
From the 1 January 2004 the Law of the Republic of Lithuania on Companies embeds the institute of derivative action, which is entirely new for the Lithuanian legal system. Article 16(1)(4) of the Law of the Republic of Lithuania on Companies has validated the right of shareholders to file an action with the court for reparation of damage resulting from nonfeasance or malfeasance by the company manager and Board members of their obligations. Through a derivative action one or several shareholder(s) defend rights and lawful interests of a company and, at the same time, defend rights but which the itself does same time, defend rights and lawful interests of entirety (group) of the company’s shareholders, therefore the derivative action is classified as a class action. When defending rights and lawful interests of a company or association through a derivativeaction, a shareholder indirectly defends not only his or her personal interests but also rights and interests of all the shareholders as a group of persons. The right to file such an action is granted to a shareholder by the above–mentioned law, when a company, due to a variety of reasons, is not able to defend its rights and interests independently.
- Articles / Straipsniai