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Title: A comparative analysis of minority shareholders' remedies in Anglo-American law and Chinese law : lessons to be learnt.
Author: Ma, Fang Fang
Awarding Body: University of the West of England, Bristol
Current Institution: University of the West of England, Bristol
Date of Award: 2009
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The background to this thesis is the most recent and significant company law reforms in England and China, particularly those concerned with minority shareholders' remedies. The implementation of the Companies Act 2006 in England and the Chinese Company Law 2005 makes this comparative research interesting and challenging. At this time, it is especially worthwhile because of England's already sophisticated level of economic development and the current rapid rise of China as a leading economic power with enormous potential. The thesis examines the deficiencies of current laws on minority shareholders' remedies in both England and China, in particular shareholders' personal actions. derivative actions and the unfair prejudice remedies. It proposes for each jurisdiction further reforms which could be carried out to achieve a proper balance between the protection of minority shareholder interests and those of their companies. The latter often suffer from undue interference from litigious activities of the former. By way of comparison, it shows that England and China can learn from each other with regard to future law reforms concerned with minority shareholders' remedies whilst taking into account their different constitutional, political, socio-economic, legal and cultural backgrounds.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available