英文摘要 |
Pre-emptive right is not a new topic in corporate law area. However, most studies in Taiwan focus on how to transplant U.S. law or U.K. law to amend Taiwanese corporate law. This paper will collect all judicial decisions which are related to pre-emptive right and review all the reasoning of each decision. First of all, this paper exams the legal nature of pre-emptive right. Then, move focus to how shareholders execute their said right and form contract with issuers, including the question when the notice is effective? Last but not least, when shareholders claim their pre-emptive rights are infringed, what is the remedy? Based on the above discussions, this research has a goal to help the courts reshape pre-emptive right. Then, the shareholders who claimed their pre-emptive rights are infringed can win the justice they deserved. |