On Some Questions Concerning Comrnon Business Share on Limited Liability Company

Vol.3,No.2(1995)

Abstract
The article deals with the problems of the common business share on a limited liability company. In its first part, it is dealt with the term of the common business share as in accordance with § 114 par. 3 of the Commercial Code. In respect of the mentioned provision, it is defined as a share owned by more persona as a whole. Further, no partner can independently effect his/her rights or fulfill his/her duties ensuing from his/her position as a partner of a company or manage tbe share separately.

In further sections, the article is devoted to some questions concerning the existence of the common business share, especially a legal status of owners of the co­mmon business share and their common representative, a regulation of the inner relation among the owners (innominate contract, analogical use of the provisions with the dealing with tenancy in common) and a regulation of relations among owners and their common representative (mandate contracts, the power of attorney).


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27–33
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