Membership interests in a limited liability company
The author analyzes the notion of membership interests in a limited liability company under Serbian law. Membership interests in a limited liability company represent one of the most significant notions characterizing the entire form of a limited liability company. Considering the scope of the membe...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2024-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792402471N.pdf |
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| _version_ | 1841554182579945472 |
|---|---|
| author | Nikolić Dušan D. |
| author_facet | Nikolić Dušan D. |
| author_sort | Nikolić Dušan D. |
| collection | DOAJ |
| description | The author analyzes the notion of membership interests in a limited liability company under Serbian law. Membership interests in a limited liability company represent one of the most significant notions characterizing the entire form of a limited liability company. Considering the scope of the membership interests' notion, the analysis is divided into three sections at the beginning of the analysis. The first section addresses basic terminological and conceptual considerations. The second deals with issues of the legal nature of membership interests, while the third includes an analysis of principles related to membership interests. Regarding the legal nature of membership interests, special emphasis is placed on examining the nature of membership interests in comparison with the related notion of shares in joint-stock companies and the legal notion of digital assets. Finally, the nature of membership interests is also analyzed from the perspective of property law. In the final section, the principles of proportionality and will autonomy that shape the concept of membership interests are presented, followed by an analysis of their application in current positive law. The conclusions from the analysis of certain open questions within the notion of membership interests should serve as a basis for future improvements of this legal notion, particularly in the part relating to the application of the will autonomy principle. |
| format | Article |
| id | doaj-art-6a7cd0b54abe408083a30498088e17dc |
| institution | Kabale University |
| issn | 0550-2179 2406-1255 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj-art-6a7cd0b54abe408083a30498088e17dc2025-01-08T16:52:38ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552024-01-0158247149210.5937/zrpfns58-525820550-21792402471NMembership interests in a limited liability companyNikolić Dušan D.0https://orcid.org/0009-0008-5214-7385Institut za fiziku, Beograd, SerbiaThe author analyzes the notion of membership interests in a limited liability company under Serbian law. Membership interests in a limited liability company represent one of the most significant notions characterizing the entire form of a limited liability company. Considering the scope of the membership interests' notion, the analysis is divided into three sections at the beginning of the analysis. The first section addresses basic terminological and conceptual considerations. The second deals with issues of the legal nature of membership interests, while the third includes an analysis of principles related to membership interests. Regarding the legal nature of membership interests, special emphasis is placed on examining the nature of membership interests in comparison with the related notion of shares in joint-stock companies and the legal notion of digital assets. Finally, the nature of membership interests is also analyzed from the perspective of property law. In the final section, the principles of proportionality and will autonomy that shape the concept of membership interests are presented, followed by an analysis of their application in current positive law. The conclusions from the analysis of certain open questions within the notion of membership interests should serve as a basis for future improvements of this legal notion, particularly in the part relating to the application of the will autonomy principle.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792402471N.pdfmembership interestlimited liability companylegal naturerights based on membership interests |
| spellingShingle | Nikolić Dušan D. Membership interests in a limited liability company Zbornik Radova: Pravni Fakultet u Novom Sadu membership interest limited liability company legal nature rights based on membership interests |
| title | Membership interests in a limited liability company |
| title_full | Membership interests in a limited liability company |
| title_fullStr | Membership interests in a limited liability company |
| title_full_unstemmed | Membership interests in a limited liability company |
| title_short | Membership interests in a limited liability company |
| title_sort | membership interests in a limited liability company |
| topic | membership interest limited liability company legal nature rights based on membership interests |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792402471N.pdf |
| work_keys_str_mv | AT nikolicdusand membershipinterestsinalimitedliabilitycompany |