Share acquisition in a private limited company from a non-owner on the basis of a share tranfer agreement
Abstract
The article deals with the acquisition of the ownership right to the share, as an intangible and movable thing, in a private limited company. Analysis of the legal regulation, which was effective until 31.
December 2013, and the respective case law, is being made in the article. The breakdown of the legal regulation, which is effective since 1.
January 2014 deals with the formal and material publicity of the commercial register and compares the possibilities of share acquisition in a private limited company with the land register, which is a typical representative of the public lists. Attention is also being paid to the protection of the real owner of the share in a private limited company, which is however not registered in the commercial register.
At the end a legal comparism with the German legal regulation is being made.