Ingrid De Poorter

Geschillenregeling en vruchtgebruik

WP 2001-11

This paper focuses on problems that may occur when shareholders are confronted with a usufruct on shares in the dispute resolution procedure of the Company Code. Except for the specific claim for the transfer of the voting right (article 641 Company Code), the dispute resolution procedure does not provide rules regarding usufruct on shares. This situations gives rise to many questions, of which the most important is whether the usufructary can be considered a shareholder and thus be entitled to act as claimant or defendant in the dispute resolution procedure. Published in: T.R.V., 2001/6, 373.