Pledge of a Participation in a Limited Liability Company with Emphasis on the Position of the Pledgee

Pledge of a Participation in a Limited Liability Company with Emphasis on the Position of the Pledgee Abstract The main topic of this thesis is the analysis of selected issues concerning the exercise of shareholders' rights by a pledgee under Section 1326, second sentence, of the Civil Code. The thesis focuses on the theoretical and practical aspects of the pledgee's position when exercising these rights and aims to assess whether the rules of the general regulation of the administration of another's property can be applied to this situation. The thesis is divided into an introduction, three chapters, and a conclusion. The first chapter deals with the basic question of whether a pledgee, when exercising shareholders' rights, acts in the position of an administrator of another's property. Attention is paid to certain conceptual features of administration under Sections 1400 et seq. of the Civil Code, as well as to the requirement discussed in legal literature for the so-called necessary quality of administration. The chapter also examines the notion of a fiduciary relationship and its relevance to Czech law in the context of a comparison with Anglo-American legal doctrine, with reference to the inspiration drawn from the Quebec Civil Code and relevant case law. The second chapter focuses on the applicability...