Edited by Hanne S. Birkmose and Konstantinos Sergakis
Chapter 6: Private vs public enforcement of shareholder duties
This chapter focuses on the nature of ‘private’ and ‘public’ enforcement against shareholders in order to critically tease out the differences in terms of their rationales and broad characteristics. The chapter will raise the question whether the boundaries between the two are clear, and the implications for considering the suitable loci for enforcement. It is not a comprehensive study of the sources of law for enforcement but key examples will be raised.
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