Is a claim for damages caused to a shareholder by the actions of the management body of the joint stock company allowed? Cover Image

Допустим ли е иск за вреди, причинени на акционер, от действия на управителния орган на акционерното дружество?
Is a claim for damages caused to a shareholder by the actions of the management body of the joint stock company allowed?

Author(s): Ivaylo Kostov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: damages; shareholder; action; management body
Summary/Abstract: The article is an attempt to raise a discussion. The Supreme Court of Cassation rulled that the shareholder's claim for damages which are caused to him by actions of the governing body is excluded. In such case, the possibility of a legislative change should be discussed, which would explicitly provide for a separate claim by the shareholder against the members of the governing body, when he, in his personal capacity, suffered damages from their actions. To avoid establishing a conflicting In practice, it seems to me that an amendment to the Trade Act in this direction is necessary.