ISSUE OF LEGAL STATUS OF INTEGRATED CORPORATE STRUCTURES

Anatoliy Kostruba ()

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Abstract: Nature of a legal person is exhausted by a transformation of exclusively individual properties of a natural person. A legal person is not able to create a new fiction individually. A transformation of an individuality of a legal person leads to a creation of solely known fiction – another legal person. This way, having a certain level of individuality, a legal person realizes his/her will of a founder. It is deprived of a personal natural will and consciousness, which might be transformed into a «body» of a principally new, different from a legal person, subject of the right An association of legal persons leads to a creation of a new legal person. Its functioning in a civilian circulation is realized through known legal organizational forms of corporations. In a result of association of legal persons, there won't be a deformation of neither organizational structure nor of a structure of a legal person which is in the process of creation. Such an association of legal persons, according to the grounds of its appearance, receives a statutory form of preservation. From another side, the consolidation process of legal may not be accompanied by a creation of a legal person. Such a consolidation of legal persons is exercised on the base of a contractual construction of a simple partnership (another common activity). Correspondent associations don't have a status of a legal person, they are not invested by a separate property, but being a structure of a system management, they receive full powers for control of respecting the association's corporate interests. The difference of a stated from the first version consists in a degree of self-sufficiency of participants as well as regarding a legal result of such an association. In a result of the integration process implementation, relations are established between its participants, that is, a certain corporate structure is formed, which we call integrated. A model for organization of legal relations between legal persons in their group is a concern, consortium, association, union etc. Such models are a means of legal technology, which confirm the complex of relations between the participants of a corresponding group. The indicated models are not a legal person. According to a legal nature of relations inside the group, a legal bound appears, the form of which is an agreement of common activity, as specified above.

Keywords: Corporation law; Corporations; Partnership governance; Partnership and cooperation agreements; Partnership ability; Corporation américaine; corporate structure; legal persons; group of company; concern; consortium; association; union; legal entities (search for similar items in EconPapers)
Date: 2020-02-28
New Economics Papers: this item is included in nep-cdm
Note: View the original document on HAL open archive server: https://hal.science/hal-02494711
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Published in Цивільне право України: нові виклики і перспективи розвитку, Feb 2020, Kharkiv, Ukraine. pp.154-157, ⟨10.5281/zenodo.3692259⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02494711

DOI: 10.5281/zenodo.3692259

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