Evolution of the derivative action as an enforcement of rights mechanism under the Companies Act 71 of 2008

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dc.contributor.advisor Delport, P.A. (Piet A.) en
dc.contributor.postgraduate Stylianou, Alexandra en
dc.date.accessioned 2017-04-26T11:51:54Z
dc.date.available 2017-04-26T11:51:54Z
dc.date.created 2017/04/06 en
dc.date.issued 2016 en
dc.description Mini Dissertation (LLM)--University of Pretoria, 2016. en
dc.description.abstract The purpose of this dissertation a focus on derivative actions as a method a minority shareholder can employ as an enforcement of rights mechanism. In so doing I will be examining the derivative action procedure from its inception in the common law through to the current dispensation. This dissertation describes and explains the rights, interests and obligations of shareholders and will explore the pitfalls for shareholders in the implementation of the derivative action as a protective measure. I submit that the derivative action found under the common law and the previous statutory regime provided the stepping stone in molding the statutory derivative action evidenced by section 165 of the Companies Act. In Chapter 1, I explore the derivative action under the common law as a conceptual framework and as a movement that initially arose in the renowned case of Foss v Harbottle. Whose core principles were subsequently embraced by the South African judiciary. In Chapter 2 I discuss the availability of the statutory derivative action and the limitations of section 266. Further, I make a comparative study between the common law and the statutory derivative action. The comparison is essential in an attempt to portray that the statutory derivative action refined the common law to a certain extent in its attempts to provide a minority shareholder protective measure. In chapter 3 I examine section 165 of the Companies Act to evaluate to what degree the derivative action has transformed against the backdrop of its statutory predecessor and the common law. This chapter breaks down the constituent principles of section 165 and examines the requirements necessary to implement the measure. Finally, in Chapter 4 I make a comparative study with foreign jurisdictions to determine the extent, if any, section 165 relates to the principles laid down in other jurisdictions. en_ZA
dc.description.availability Unrestricted en
dc.description.degree LLM en
dc.description.department Mercantile Law en
dc.identifier.citation Stylianou, A 2016, Evolution of the derivative action as an enforcement of rights mechanism under the Companies Act 71 of 2008, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/60099> en
dc.identifier.other A2017 en
dc.identifier.uri http://hdl.handle.net/2263/60099
dc.language.iso en en
dc.publisher University of Pretoria en
dc.rights © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. en
dc.subject UCTD en
dc.title Evolution of the derivative action as an enforcement of rights mechanism under the Companies Act 71 of 2008 en_ZA
dc.type Mini Dissertation en


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