Year of Graduation
Derivative Claim as a Remedy for Protection of Corporate Rights
This study addresses the issue of Derivative Claim - suit brought by a shareholder in a company on behalf of that company against a person, who has a relationship with the company. The author research (1) economic and social causes for the development of derivative claim as a legal institute; (2) derivative claim as a procedural and corporate law concept, which is established via rules and regulations of the relevant legislation. In this research, the author in detail analyzes causes for Derivative Claim and in particular agency problem, which is inherent to any corporate relationship. Using the legal modeling method, the author suggests Russian legislation to take certain decisions in order to modernize the Derivative Claim. The author shows that the most suitable way is to set up a binding pre-trial procedure in order to access the perspective of the derivative claim at the preliminary stage.