აქციათა სავალდებულო მიყიდვა

This paper analyzes the institution of compulsory sale of shares under Georgian law and for comparison, the legislation of different countries on this issue is also discussed.
The institution of compulsory sale of shares does not lose its relevance both due to the need to protect the interests of shareholders, as well as to improve the overall economic climate of the country. It is because of these needs that it violates a basic principle of private law such as contractual freedom and intersects with the constitutionally guaranteed property right.
The norm of the Law on Entrepreneurs, which allows a shareholder holding 95% of the shares to redeem the remaining shares, forces small shareholders to make an unwanted transaction and alienate the property against their will. Therefore, the paper evaluates the institution of compulsory sale of shares in relation to the principle of property rights and contractual freedom. Accordingly, the issue of the constitutionality of the norm and its historical development is discussed.
This master's thesis includes a review of squeeze-out under both continental European and American law. The study highlights the importance of the institution under consideration in the world market, as it shows the lower threshold imposed by different countries, or the search for alternative ways to bypass the high threshold imposed.
In concluding this undesirable deal, the minorities are protected by providing them with appropriate remuneration and providing them with appropriate information. The paper assesses the role of the court in establishing fair value and protecting the rights of minorities and develop recommendations for the better functioning of this institution.
Therefore, in the following chapters we will discuss the institution of compulsory sale of shares, the problems associated with it and its importance in business law.
The paper includes an abstract, table of contents, introduction, literature review, main topic (divided into chapters and subsections), research results, conclusion and a list of used literature.