A Discussion on Variability of the Nature of Corporate Relations in Ukrainian Law

Anatoliy Kostruba ()

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Abstract: This article is dedicated to the research of differential approaches to the nature of corporate relations. The author justifies that the corporate legal relationship has a civil-legal nature. Such an approach to understanding the nature of corporate relations is criticized from the side of representatives of other branches in the development of legal science. In particular, the representatives of the business law. There are two theories in law, which regard the nature of the corporate relations. According to the first theory, the corporate relations are included in the domain of legal regulation of the business law. The second theory of the place of the corporate relations in the legal system has a civil focus. As a compromise, a theory has been actively developing, according to which, the corporate relations have a complex (intersectional character). Also, an opinion about the administrative-legal nature of the corporate relations has become popular. Lately, attention is drawn to an independent nature of the corporate relations in the legal literature, connected to the managerial aspect of their structure. The author provides critical insights regarding the theories considered and a line of argument about the civil-legal nature of the corporate relations. The corporate relations are aimed at regulating legal relations of participants (founders) of a corporation between each other regarding this corporation. Thus, a satisfaction of their interest is ensured by direct impact on a belonging to them property and due to useful properties of a corresponding material good (object — behavior). Therefore, given that the legal powers of a holder of the real rights are connected with the ownership of a property, and with a possibility to influence on it for the satisfaction of an own interest, object of the corporate relations is not only a behavior of a person, but also a property (object — property). The given understanding of the object of the corporate relations fits into a civil- legal methodological framework.

Keywords: corporation; corporate legal relationship; civil legal relationship; organizational relations; binding relations; real rights relations. (search for similar items in EconPapers)
Date: 2020-11-30
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Published in Конкурентное право, 2020, 4, pp.45-48

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03032029

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