Inheriting Shares In A Limited Liability Company In A Legal Comparative Perspective
The article presents the issue of inheriting shares in a limited liability company in German, Austrian, Swiss, French, Dutch, British and Polish law. All examined legal systems assume as a principle the hereditary nature of shares but none of them provides that this principle is absolute. On the other hand, it is acceptable to have contractual limitation of acceptability for shareholder’s heirs to enter the company, most often taking the form of entering dependence on obtaining the company’s consent. In any case, none of the studied legal orders accepts heirs exclusion from entering the company without an economic equivalent of the share. In spite of some differences regulation of the issue of inheritance is essentially consistent and results from uniform perception of the share as a property right, and a limited liability company as a capital company, but having strong personal characteristics.
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