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Contractual Pledge over share in a private company limited by shares in the Czech Republic

Publication at Faculty of Law |
2015

Abstract

The article deals with the analysis of a pledge over share in a private company limited by shares incorporated according to the laws of the Czech Republic. The article describes this new area of law of the Czech Republic to the German speaking readers.

Form of a contract, need for a public verification of the signatures, registration of the shares into the commercial register are being discussed. The author also deals with the contractual freedom when concluding a pledge contract, the power of sale, possibility of forfeiture of the shares and protection of the weaker contractual party.

Attention is also paid to the possibility to conclude a prohibition of pledge over shares in a private company limited by shares as a right with effects to third parties, which is not know in the law of Germany. The trunk certiticate and the pledge over trunk certificates are described and analysed in the article, whereas the trunk certificates are not know in the law of Germany.

The article is in its terminology and terms adjusted to the law of Germany.