FEATURES OF THE CONTENT OF CORPORATE CONTRACTS

Objective: to study the legal nature, to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods: general and specific methods of cognition: dialectical, formal logic (analysis, synthesis, m...

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Main Authors: E. P. Gladneva, Y. P. Praslov
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2015-09-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/1918
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author E. P. Gladneva
Y. P. Praslov
author_facet E. P. Gladneva
Y. P. Praslov
author_sort E. P. Gladneva
collection DOAJ
description Objective: to study the legal nature, to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods: general and specific methods of cognition: dialectical, formal logic (analysis, synthesis, modeling), structural and systemic-functional methods, as well as comparative legal, logical, legal, historical, legal, grammatical methods and systemic interpretation. Results: it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets; conditions (order) of the implementation of corporate rights and approval of other actions related to company management, activity, reorganization and liquidation; the passive duty of corporate organizations to refrain from committing any action (authority), arising from the nature of corporate agreements, as well as the active responsibilities associated with the certain implementation of corporate rights, certified by stocks (shares), rights to stocks (shares). In addition to the subject, the content of corporate contractsincludes other essential (necessary) conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty:for the first time, taking into account modern achievements of civilistic jurisprudence and practice, the authors investigate the relationship between the concepts of a civil contract and corporate contract, give the definition of corporate contract, show the specificity of the subject and other material terms of corporate contracts. Practical significance: the findings can be taken into account in the further research of corporate law issues as sub-branch of civil law, used in law making and enforcement activities, in the educational process as a teaching material in civil law.
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spelling doaj.art-d18bcfccf9124679af7cd71ac82e6eb22024-03-20T08:16:49ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232015-09-01031341411916FEATURES OF THE CONTENT OF CORPORATE CONTRACTSE. P. Gladneva0Y. P. Praslov1Arbitrary court of Voronezh oblastVoronezh Institute of Economics and Law; Arbitrary court of Voronezh oblastObjective: to study the legal nature, to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods: general and specific methods of cognition: dialectical, formal logic (analysis, synthesis, modeling), structural and systemic-functional methods, as well as comparative legal, logical, legal, historical, legal, grammatical methods and systemic interpretation. Results: it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets; conditions (order) of the implementation of corporate rights and approval of other actions related to company management, activity, reorganization and liquidation; the passive duty of corporate organizations to refrain from committing any action (authority), arising from the nature of corporate agreements, as well as the active responsibilities associated with the certain implementation of corporate rights, certified by stocks (shares), rights to stocks (shares). In addition to the subject, the content of corporate contractsincludes other essential (necessary) conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty:for the first time, taking into account modern achievements of civilistic jurisprudence and practice, the authors investigate the relationship between the concepts of a civil contract and corporate contract, give the definition of corporate contract, show the specificity of the subject and other material terms of corporate contracts. Practical significance: the findings can be taken into account in the further research of corporate law issues as sub-branch of civil law, used in law making and enforcement activities, in the educational process as a teaching material in civil law.https://www.rusjel.ru/jour/article/view/1918shareholder agreementscontracts of participantsbusiness entitycivil contractcorporate lawcorporate contract, civil lawobligations of the parties
spellingShingle E. P. Gladneva
Y. P. Praslov
FEATURES OF THE CONTENT OF CORPORATE CONTRACTS
Russian Journal of Economics and Law
shareholder agreements
contracts of participants
business entity
civil contract
corporate law
corporate contract, civil law
obligations of the parties
title FEATURES OF THE CONTENT OF CORPORATE CONTRACTS
title_full FEATURES OF THE CONTENT OF CORPORATE CONTRACTS
title_fullStr FEATURES OF THE CONTENT OF CORPORATE CONTRACTS
title_full_unstemmed FEATURES OF THE CONTENT OF CORPORATE CONTRACTS
title_short FEATURES OF THE CONTENT OF CORPORATE CONTRACTS
title_sort features of the content of corporate contracts
topic shareholder agreements
contracts of participants
business entity
civil contract
corporate law
corporate contract, civil law
obligations of the parties
url https://www.rusjel.ru/jour/article/view/1918
work_keys_str_mv AT epgladneva featuresofthecontentofcorporatecontracts
AT yppraslov featuresofthecontentofcorporatecontracts