LEGAL REMEDIES FOR EXERCISING THE RIGHTS OF THE PARTNERS, IE THE SHAREHOLDERS IN THE TRADING COMPANIES

Abstract

The subject of this paper is the summary study of the procedural aspects of the legal remedies that can be used by the partners or shareholders of the company, having in mind that they create relations between them which arise from the obligation law, based on a private legal basis and relations that are aimed at achieving the goal that was set at the moment of establishing the company. In that sense, the procedural aspects of the legal remedies are
elaborated, with which the partners or shareholders of the company can exercise their rights according to the Law on Trade Companies, having in mind both the rights through which they realize the interests of the company and the rights that arise for them. In doing so, the legal
remedies that they can use in the court procedure in accordance with the Law on litigation
Procedure and the Law on Non-litigation Procedure are taken into account, which can be
divided into two groups, as follows: 1. lawsuits with which a litigation procedure is initiated
for protection, ie realization of a right as actio pro socio and 2. other submissions by which a
non-litigation procedure is initiated before a court in order to enable the partner or shareholder
to inspect the company’s documentation for later realization of his or her right.