Abstract

The institution of subjective rights is one of the fundamental constructs of civil law used for describing the legal situation of a subject of a civil law relationship. The subjective right construct should also be used to describe the legal situation of participants (partners) in a commercial company, primarily as regards their relations with the company – a separate civil law subject. Despite the differences, subjective rights of partners (equity interests) reveal similar characteristics, regardless of whether they concern partners in shareholding companies or in partnerships. They are property rights of a relative nature and as a principle indivisible. Equity interests of shareholding companies are as a principle negotiable and hereditary, whereas in case of equity interests of participants in partnerships they may be established as such by the will of partners expressed in the partnership agreement. The contents of equity interests include property rights and related organizational (personal) rights.