Mediation in shareholder divorce disputes in closely held companies in Serbia
The author analyzes disputes regarding shares in closely held companies, when couples are going through divorce. The Serbian legal framework does not provide regulations specifically for the addressed matter and the court practice is inadequate. This type of dispute is accompanied by risks to the ex...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Union University, Faculty of Law, Belgrade
2024-01-01
|
| Series: | Pravni Zapisi |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402500T.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832096609445347328 |
|---|---|
| author | Tomić Ljubica |
| author_facet | Tomić Ljubica |
| author_sort | Tomić Ljubica |
| collection | DOAJ |
| description | The author analyzes disputes regarding shares in closely held companies, when couples are going through divorce. The Serbian legal framework does not provide regulations specifically for the addressed matter and the court practice is inadequate. This type of dispute is accompanied by risks to the existence of companies and the families, if not resolved in a timely manner. Mediation is generally applicable, whereby each particular case requires the assessment of mediation applicability criteria, such as gender and other sources of imbalance between the spouses. Mediation shows advantages in terms of time, confidentiality, the possibility of simultaneous resolution of multiple disputes, high voluntary fulfilment rate, and the possible improvement of relations between the parties. The inclusion of mediation clauses in shareholder agreements and in marital agreements is recommended. |
| format | Article |
| id | doaj-art-adffde13d298465fafcb9d6b896a7677 |
| institution | Kabale University |
| issn | 2217-2815 2406-1387 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Union University, Faculty of Law, Belgrade |
| record_format | Article |
| series | Pravni Zapisi |
| spelling | doaj-art-adffde13d298465fafcb9d6b896a76772025-02-05T13:18:11ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872024-01-0115250052310.5937/pravzap15-540132217-28152402500TMediation in shareholder divorce disputes in closely held companies in SerbiaTomić Ljubica0https://orcid.org/0009-0007-2012-5870TSG Lawyers, Belgrade, SerbiaThe author analyzes disputes regarding shares in closely held companies, when couples are going through divorce. The Serbian legal framework does not provide regulations specifically for the addressed matter and the court practice is inadequate. This type of dispute is accompanied by risks to the existence of companies and the families, if not resolved in a timely manner. Mediation is generally applicable, whereby each particular case requires the assessment of mediation applicability criteria, such as gender and other sources of imbalance between the spouses. Mediation shows advantages in terms of time, confidentiality, the possibility of simultaneous resolution of multiple disputes, high voluntary fulfilment rate, and the possible improvement of relations between the parties. The inclusion of mediation clauses in shareholder agreements and in marital agreements is recommended.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402500T.pdffamily-owned companiesdivorceshareholder and property disputesmediation |
| spellingShingle | Tomić Ljubica Mediation in shareholder divorce disputes in closely held companies in Serbia Pravni Zapisi family-owned companies divorce shareholder and property disputes mediation |
| title | Mediation in shareholder divorce disputes in closely held companies in Serbia |
| title_full | Mediation in shareholder divorce disputes in closely held companies in Serbia |
| title_fullStr | Mediation in shareholder divorce disputes in closely held companies in Serbia |
| title_full_unstemmed | Mediation in shareholder divorce disputes in closely held companies in Serbia |
| title_short | Mediation in shareholder divorce disputes in closely held companies in Serbia |
| title_sort | mediation in shareholder divorce disputes in closely held companies in serbia |
| topic | family-owned companies divorce shareholder and property disputes mediation |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402500T.pdf |
| work_keys_str_mv | AT tomicljubica mediationinshareholderdivorcedisputesincloselyheldcompaniesinserbia |