Shareholder Suits: The Roles and Motivations of Minority Shareholders and Directors in Derivative Suits

EAN/UPC/ISBN Code 9781596225916


This book provides a legal and economic analysis of the derivative suits in the United States and England as well as of the corresponding minority shareholders action in Italy, including an overview on derivative suits in Germany and France. Furthermore, a chapter is dedicated to the comparison between some aspects of the Italian minority shareholders action, the American derivative suit, and the English derivative claim, as these jurisdictions represent the three main legal approaches for shareholders to assert certain rights on behalf of a company. The economic analysis is conducted with the aim of assessing the efficiency of the derivative suit and of the Italian minority shareholders action, within the wider and more complex issue of the separation of ownership and control, and the relative agency costs. To this purpose, the instruments of corporate law are evaluated, taking into account their economic effects, rather than abstract principles of protection of the minority s interests. Shareholder Suits is an indispensable book for those who are seeking a legal, economic, and comparative view on derivative suits in the United States and in the main jurisdictions of Europe