IDEAS home Printed from https://ideas.repec.org/a/vrs/bjeust/v10y2020i2p7-27n2.html
   My bibliography  Save this article

Expulsion of a Shareholder from a Limited Liability Company on Substantial Grounds

Author

Listed:
  • Burduli Irakli

    (Faculty of Law, Ivane Javakhishvili Tbilisi State University, Chavchavadze Ave. 3, Tbilisi 0179, Georgia)

  • Chitashvili Natia

    (Faculty of Law, Ivane Javakhishvili Tbilisi State University, Chavchavadze Ave. 3, Tbilisi 0179, Georgia)

Abstract

The present article is devoted to the research on the admissibility of expulsion of a partner from a limited liability company (LLC) based on the ground that is not envisaged in the charter, and on respective dogmatic normative grounds in Georgian law. The importance of research in legal studies and judge-made law1 is revealed in the fact that the situation in which the action of a partner is directed against the interests of the company and becomes an obstacle for the achievement of a common goal, and it becomes impossible to retain the partner remains outside of Georgian normative reality. The aim of the research requires an analysis of German law, assimilated in the context of the Georgian solution, as well as the description of civil legal grounds for exclusion and prerequisites for admissibility, a study of the legal nature of the society and dogmatic support to the application of the civil law regime for the termination of long-term contractual relations. The suggested Georgian solution in this matter shares the spirit of German law policy; however, it is outstanding in its individuality.

Suggested Citation

  • Burduli Irakli & Chitashvili Natia, 2020. "Expulsion of a Shareholder from a Limited Liability Company on Substantial Grounds," TalTech Journal of European Studies, Sciendo, vol. 10(2), pages 7-27, September.
    • Handle: RePEc:vrs:bjeust:v:10:y:2020:i:2:p:7-27:n:2
    DOI: 10.1515/bjes-2020-0012
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/bjes-2020-0012
    Download Restriction: no
    File URL: https://libkey.io/10.1515/bjes-2020-0012?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Mattei, Ugo, 1994. "Efficiency in legal transplants: An essay in Comparative Law and Economics," International Review of Law and Economics, Elsevier, vol. 14(1), pages 3-19, March.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. McCahery, J.A. & Vermeulen, E.P.M., 2004. "The changing landscape of EU company law," Discussion Paper 2004, Tilburg University, Tilburg Law and Economic Center.
    2. Veshi Denard, 2020. "The EU Regulatory Competition in Asylum Law," Central European Journal of Public Policy, Sciendo, vol. 14(1), pages 19-30, June.
    3. Joseph A. McCAHERY & Erik P.M. VERMEULEN & HISATAKE Masato & SAITO Jun, 2007. "Traditional and Innovative Approaches to Legal Reform: 'The New Company Law'," Discussion papers 07033, Research Institute of Economy, Trade and Industry (RIETI).
    4. Jean-Jacques Herings, P. & Kanning, Arnald J., 2008. "Harmonization of private law on a global level," International Review of Law and Economics, Elsevier, vol. 28(4), pages 256-262, December.
    5. Mostafa Beshkar, 2016. "Arbitration and Renegotiation in Trade Agreements," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(3), pages 586-619.
    6. von Wangenheim Georg, 2011. "Evolutionary Theories in Law and Economics and Their Use for Comparative Legal Theory," Review of Law & Economics, De Gruyter, vol. 7(3), pages 737-765, December.
    7. Giovanni B. Ramello, 2016. "The past, present and future of comparative law and economics," Chapters, in: Theodore Eisenberg & Giovanni B. Ramello (ed.), Comparative Law and Economics, chapter 1, pages 3-22, Edward Elgar Publishing.
    8. Mostafa Beshkar, 2014. "Arbitration and Renegotiation in Trade Agreements," Caepr Working Papers 2014-004, Center for Applied Economics and Policy Research, Economics Department, Indiana University Bloomington.
    9. Juergen Backhaus & Alberto Cassone & Giovanni Ramello, 2011. "The law and economics of class actions," European Journal of Law and Economics, Springer, vol. 32(2), pages 165-168, October.
    10. Carla Millar & Chong-Ju Choi & Philip Cheng, 2009. "Co-Evolution: Law and Institutions in International Ethics Research," Journal of Business Ethics, Springer, vol. 87(4), pages 455-462, July.
    11. Grajzl Peter & Dimitrova-Grajzl Valentina, 2009. "The Choice in the Lawmaking Process: Legal Transplants vs. Indigenous Law," Review of Law & Economics, De Gruyter, vol. 5(1), pages 615-660, November.
    12. Yane Svetiev, 2013. "How Consumer Law Travels," Journal of Consumer Policy, Springer, vol. 36(3), pages 209-230, September.
    13. Nuno Garoupa & Anthony Ogus, 2006. "A Strategic Interpretation of Legal Transplants," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 339-363, June.
    14. Loeper, Antoine, 2011. "Coordination in heterogeneous federal systems," Journal of Public Economics, Elsevier, vol. 95(7), pages 900-912.
    15. Imad Antoine Ibrahim & Jon Truby, 2022. "Governance in the era of Blockchain technology in Qatar: a roadmap and a manual for Trade Finance," Journal of Banking Regulation, Palgrave Macmillan, vol. 23(4), pages 419-438, December.
    16. Bertrand Crettez & Régis Deloche, 2006. "On the unification of legal rules in the European Union," European Journal of Law and Economics, Springer, vol. 21(3), pages 203-214, May.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:bjeust:v:10:y:2020:i:2:p:7-27:n:2. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.