The impact of mortgaging shares on the basic rights of the shareholder in the joint-stock company "" A comparative study"

Abstract

The issue of determining the impact  of mortgaging shares on the basic rights of the shareholder raises many questions in Syrian law and comparative laws, as comparative legislation differs in regulating this effect, and this effect varies according to the different type of right. In the Companies Law, the Syrian legislator organized some of these effects and neglected some of them, which prompts us to apply the general provisions of mortgage in the civil law that may not be commensurate with the nature of shares.

In this research, the impact of the mortgage on each of these rights was determined, the legal basis for each of them was determined and evaluated, the shortcomings and weaknesses were identified, and what was needed, using comparative legislation, to overcome this shortcoming and remedy the weaknesses in order to achieve a balance between the interests of both the mortgagee creditor and the current shareholder.