Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, br. 2, str.471-492
working language: Serbian
Review paper
udk: 347.724(497.11) 347.728.2
doi:10.5937/zrpfns58-52582
Author:
Dušan D. Nikolić
Institute of Physics in Belgrade
dnikolic@ipb.ac.rs
ORCID ID: 0009-0008-5214-7385
Summary:
In the paper, the author analyzes the concept of shares in a limited liability company in Serbian law. Shares in a limited liability company are one of the most important terms that characterize the entire form of a limited liability company. Bearing in mind the scope of the concept of share, at the very beginning of the paper, the analysis is divided into three parts. The first unit concerns basic terminological and conceptual considerations. The second deals with issues of a legal nature, while the third includes an analysis of the principles related to shares. Regarding the legal nature of shares, special emphasis is placed on consideration of the nature of shares in comparison with the related institute of shares in joint stock companies and the concept of digital property, and finally the nature of shares is analyzed from the point of view of real law. In the last unit, the principles of proportionality and dispositiveness that determine the content of the concept of share are presented and their application in valid positive law is analyzed. The conclusions of the analysis of certain open issues within the concept of share should represent the basis for future improvements of that legal concept, especially in the part related to the application of the principle of dispositiveness.
Key words:
share, limited liability company, legal nature, rights based on shares.