Uždarosios bendrovės akcijų pardavimas, kaip verslo perleidimo būdas
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Subject matter of this research are the juridical aspects of sale of close company shares as a mean of business transfer regulated by civil law. After a thorough research of relevant Lithuanian and foreign legislative acts, judicial practice and jurisprudence the conception of the business transfer has been formulated and the criteria, which determine a recognition of sale of shares as a business transfer, have been diagnosed. Also the author distinguished and analysed the peculiarities of such transactions: peculiarities of pre-contractual (negotiating) stage, restrictions on sale of close company shares and additional requirements, liability of seller of shares for defects of sold object, conditions of validity (admissibility) of the non-competition covenants concluded by the parties of business transfer. The theme of sale of shares as a mean of business transfer is practically not examined in Lithuanian jurisprudence. Thus this dissertation is the first exhaustive systemic analysis of sale of close company shares as a mean of business transfer in Lithuania. During the research there were properly analysed the foreign and Lithuanian legal acts, jurisprudence and courts’ practice related to the legal aspects of legal relations of share sale. The author also provides the practical suggestions, which should help to solve the questions of share sale in Lithuania without prejudice to reasonable balance between interests of the seller of business, the buyer and the third persons or should be as a source of innovations for Lithuanian legislator. This research presents a concentrated review of experience of foreign countries and analysis of Lithuanian legal basis. Therefore, this research can be as a source for both the courts and the lawyers-practicians.