'Do Shares Constitute Property? Reconsidering a Fundamental, Yet Unresolved, Question'

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McConvill, James (2005) 'Do Shares Constitute Property? Reconsidering a Fundamental, Yet Unresolved, Question'. Australian law journal, 79 (4). pp. 251-260. ISSN 0004-9611

Abstract

Few would believe … that a shareholder's interest in a corporation is property in the same way as the shareholder's interest in her back yard. This statement represents the common view held by the number of commentators over the years who have been faced with the question of whether shares give rise to a proprietary interest in the corporation, and hence whether shareholders are indeed the "owners" of the corporation. However, up until now there has also been a universally held view that the question is far from an easy one, with one prominent corporate law academic even saying that the task of defining the nature of a share was "one of the most difficult conceptual issues in company law".

Item type Article
URI http://vuir.vu.edu.au/id/eprint/7728
Subjects Current > FOR Classification > 1801 Law
Historical > Faculty/School/Research Centre/Department > School of Law
Keywords ResPubID22490. shares, property, public companies, Australian corporate law, Australia
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