The nature of Alter corporate legal relations

Природа alter корпоративних юридичних вiдносин

Anatoliy Kostruba ()
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Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

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Abstract: Characteristic of the corporation is the state of relations between it and its participants (founders), which is to concentrate their interest and/or capital around the purpose of its activity. The purpose of the corporation's activity, which is revealed through the desire for the realization of private interest, which is not limited exclusively by the sphere of entrepreneurial activity. But such interest is of only private nature. Its privacy symbolizes the limitation solely by the range of persons who combine their own efforts around the corporation. Therefore, for him, the main idea of the existence of a corporation is to ensure the realization of a common purpose of its activity. At the same time, it should be emphasized that the variability of legal entities does not allow to limit their participation in civil turnover solely by the sphere of realization of private interest. The complexity of the construction of a legal entity as an artificial subject of law (fiction) implies the variability of the mechanisms of realization of the will of its "creator". In civil law, the idea has found its empirical implementation in part 1 of Article 83 of the Civil Code of Ukraine, which provides for the creation of legal entities in the form of companies and institutions. In view of the provisions of Article 83 of the Civil Code of Ukraine, in the normative context of division of legal entities into companies and institutions. There is a reasonable question of the nature of relations that realize the status of a legal entity, which is not a corporation - legal relations with the participation of the institution. The absence of a model of relations between the legal entity and its participant, which, through the activity of such a legal means in the civil turnover, provides his or her personal interest, indicates that there is a interest in another order - the interest of the public. Public interest in the activity of a legal entity is specific to the latter. The activity of a legal entity is not conditioned by the behavior of its participants. This formula marked the lack of interdependence of a legal entity with its participant (founder).

Keywords: Corporation law; Legal entities of commercial law; Foundations; Legal entity; Corporate law and regulation; Kostruba; Établissement d'enseignement privé (search for similar items in EconPapers)
Date: 2022-05-24
New Economics Papers: this item is included in nep-cis
Note: View the original document on HAL open archive server: https://hal.science/hal-03775665
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Published in Римське право і сучасність: цивільне право в умовах війни, Одеська юридична академія, May 2022, Odessa, Ukraine. pp.44-47, ⟨10.5281/zenodo.7072482⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03775665

DOI: 10.5281/zenodo.7072482

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