Прехвърляне на дял от търговско дружество
Transfer of a share in a company

Author(s): Nikolay Pavlevchev
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: share of a company; transfer of a share; transfer of membership
Summary/Abstract: The study aims to outline the general characteristics of the transfer of a share in a company by examining the different company types. The study raises questions about the characteristics of the concept of share in a company, the object of the legal relationship within the share is transferred, its parties, and the conditions for the transfer. The study grounds that a transfer of a share is equivalent to transfer of membership. The consequences of the transfer are expressed in termination of the membership of the transferor who is replaced by the acquirer. Thus, the transferor can only be a member of the company. The object of the transfer is the membership itself. The membership is a legal relation which means that it includes not only rights but also obligations in respect of the company and that is why the company shall consent with the transfer. The study examines some controversial topics regarding the transfer of a share.

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