La démocratie actionnariale : contribution à l'étude d'un mythe juridique

Abstract : Slogan or oxymoron for some, coveted reward or virtuous formula for others, the term shareholder democracy has been a part of the discourse on companies since the years 2000. this study discusses the term in the context of the legal discourse related to corporations. for the purposes of this discussion, shareholder democracy is considered a legal myth, meaning it is, at the same time, a literary, political, and historical representation in a legal context. the myth of shareholder democracy represents and conveys a dynamic: the junction between the democratic dimension and the shareholding dimension. history and managerial sciences have sometimes been solicited to unveil it in its entirety. the myth of shareholder democracy appears to be both foundational and structuring. foundational, it accompanies the sources, the origins of the laws and regulations on corporations. in its traditional form, it appeared during the nineteenth century. at that time, it was founded on an analogy assimilating corporations with a political scale model. a company is a smaller version of a democracy. in its modern form, it appeared during the twentieth century and is the product of the progressive inclusion of democratic values from society into the corporations through the csr movements. structuring, it participates in the life of such companies. as applied to the shareholder, it nourishes his political rights but struggles to advance his financial rights. as applied to the directors, it associates with other representations to monitor and provide a check on their powers.
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Mathieu Crocquevieille. La démocratie actionnariale : contribution à l'étude d'un mythe juridique. Droit. Université de Nanterre - Paris X, 2018. Français. ⟨NNT : 2018PA100108⟩. ⟨tel-02165936⟩

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