1.9 Outline

This study starts with European law. As European legal rules are usually higher in hierarchy than the national legal rules in the Netherlands, Germany, England and Wales, I chose to firstly explore the European rules that are relevant to this study. Chapter 2 starts with Art. 1 First Protocol ECHR, a provision that provides protection to a shareholder as the owner of a property right. Secondly, Art. 6 ECHR is explored. In this für trial provision rules can be found with respect to the procedural design of exit rights. Lastly, the study focuses on the exit rights in relationship with the proposal on the European private company, the SPE.

Subsequently, the German and English exit rights and the debates on exit rights are described. Chapter 3 comprises the English exit rights regime, followed by Chapter 4 concerning the German exit rights regime. By first exploring the foreign exit rights, easy reference to German and English arguments can be made in the section of this study relating to the Netherlands.

After exploring the foreign exit rights, we will focus on Dutch law. In Chapter 5, the Dutch winding-up remedy and dispute demerger are examined. In addition, the study focuses on how the inquiry proceedings are used to create an exit for shareholders. In Chapter 6, the Dutch exit proceedings are investigated. Chapter 7 deals with the current Dutch appraisal rights. Moreover, Chapter 7 focuses on the debate on introduction of additional appraisal rights.

In Chapters 8 and 9, the concluding observations and recommendations of this study are included in both Dutch and English.