Theoretical understanding of the system of legal forms of protection of corporate relations

ТЕОРЕТИЧНЕ РОЗУМІННЯ СИСТЕМИ ПРАВОВИХ ФОРМ ЗАХИСТУ КОРПОРАТИВНИХ ВІДНОСИН

Anatoliy Kostruba ()

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Abstract: The work presents legal constructs that determine the possibility of forming brand new understandings of the prospects for the development of corporate relations. The author has proved that there are two opposing views about the nature of construction of the right to protection today. According to the first view, the right to protection is an integral part of subjective civil law. The theoretical position of other scholars is that the right to protection is independent in relation to subjective civil law. It is argued that such a right can be implemented within the framework of a guarding legal relationship; therefore, the right to defense is manifested solely outside the development of a regulatory legal relationship. Assigning the right to protection to the component of subjective civil law reduces the scope of the realization of such right within the boundaries of the implementation of the relevant subjective civil law, which is its element. Legal opportunities, which are guaranteed by the state, are not limited to subjective civil law. As an indirect natural law, the latter include legal interest as a form of human desire to satisfy the needs of the individual. The mechanism of realization of legal interest in civil legal relations, in the structure of which an active person does not have subjective civil rights, does not limit the ability to provide protection of subjective civil rights of such person in other related civil legal relations. Formation of legal interest of a person is generated from the existing subjective civil law of this person in contiguous legal relations, defence of which is provided through the protection of legal interest.

Keywords: corporate legal relations; protection of civil rights; legal interest; civil legal relations; content of legal relations (search for similar items in EconPapers)
Date: 2018-04-05
Note: View the original document on HAL open archive server: https://hal.science/hal-02425732
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Published in Journal of the National Academy of Legal Sciences of Ukraine, 2018, 25 (1), pp.97-119. ⟨10.5281/zenodo.3497480⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02425732

DOI: 10.5281/zenodo.3497480

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