Company Law (en cours)
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Formation of the company
Chapter 1: Financing the company
Section 1: Concept of voting rights
Section 2: Characteristics of voting rights
I: Abuse of majority rights
A: Conditions
2°: Judicial appointment of an ad hoc representative
III: Abuse of equality
Section 4: Invalidity of deliberations
Chapter 3: Shareholders' agreements
Chapter 4: Restructurings
Title 3: Corporate groups
Title 4: Exit from the company
Part 2: Rules specific to each type of company
197. Damages
1 minute de lecture
The majority shareholders of the company may engage the civil liability of the minority shareholders who have committed the abuse, based on Article 1240 of the Civil Code . However, an abuse of minority rights cannot give rise to a right to damages in favor of a company that has taken no measures to overcome the opposition of the minority . Furthermore, the case law is reluctant to automatically a …
