En analys av likhetsprincipen och generalklausulerna i aktiebolagslagen

Sammanfattning: This paper will analyse how the two minority rules, the Principle Of Equality and the General Clauses ought to be interpreted and applied in accordance with applicable law. The paper describes the Principle Of Equality in Chapter 4. 1 § ABL and General Clauses in Chapter 7. 47 § ABL and Chapter 8. 41 1 pc. ABL. The Principle Of Equality aims at equality between the shares of a corporation, the principle rule says that the shares of a company shall have equal rights. The Principle Of Equality as minority rule came in the late 19th century. General Clauses were established in the Swedish company act as a complement to the limitations of the Principle Of Equality. General Clauses are also minority protection rules but have a wider application than the Principle Of Equality in some respects. The paper will also briefly introduce the other minority protection rules that are regulated by the Swedish company act, but the focus will be on the Principle Of Equality and the General Clauses. Furthermore, main focus will be on the unfairness criterion, and what happens when minority abuse. The paper will deal with both the recently published case law from the Supreme Court, NJA 2013 p. 1250, and the case NJA 2000 p. 404 in order to give a fair picture of the two minority protection rules, the Principle Of Equality and the General Clauses. Whether the Principle Of Equality and the general clauses relate to each other is very controversial and sentences of the doctrine differs. It takes more practice and guidance before the meaning of the General Clauses can be completely determined.