The Concept of Shareholders’ Duties: keeping the grasp on a paradigm shift

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Abstract

It has been observed, that a paradigm shift is taking place, from discussing shareholders' relationship to companies in terms of rights, towards including their duties. This article provides a terminological foothold for the emerging discussion on shareholders' duties, by analysing the concept of duty, and how it applies to shareholders. By application of moral philosophical theories, the concept of shareholders' duties is subjected to classification which provides a framework for further discourse. Thereby, this article provides not only guidelines to what should be considered a shareholder's duty, but furthermore what should be kept out of that group.
Original languageEnglish
Pages (from-to)369-392
Number of pages24
JournalEuropean Business Law Review
Volume29
Issue number3
Publication statusPublished - 1 Jan 2018

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