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JANÁČ, V.: Shoot-out right.
Právny obzor, 100, 2017, č. 6, s. 611 – 621.
Abstract. Shoot-out
right. The article provides basic analysis of the shoot-out right, in particular
as regards its functionality. The shout-out right is a tool for handling of
conflict situations in a company, where the exercise of this right is usually
connected with exit of one of the shareholders and resulting domination of the
company by the remaining shareholder. In the legal practice (in particular
Anglo-American) a number of variants of the exercise of this right have
developed; these variants are covered in detail in this article. From 1 January
2017 the shoot-out right is part of Slovak system of law as secondary
arrangement in the shareholder agreement of a simple joint-stock company. At
first sight, the shoot-out right represents an elegant and fair solution to
overcoming of a conflict, which might present potential risk to the very
existence of a company. However, this right, and in particular its exercise,
bring a number of risks. This fact is proved by the foreign practice, where this
right is exercised in a very small number of cases and where the shareholders
prefer other method of resolution of a conflict, mainly by mutual agreement.
Key words: conflict of
shareholders, standoff, Russian roulette, Texas shoot-out, disadvantages of the
shoot-out right
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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