STATE ORGANIZATIONS AS SUBJECTS OF CORPORATE RELATIONS: ON THE POSSIBILITY OF PARTICIPATION IN CORPORATE RELATIONS OF UNITARY LEGAL ENTITIES
Rubrics: CIVIL AND FAMILY LAW. BUSINESS LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
16.06.2016
Accepted:
05.07.2016
Published:
05.07.2016
Language:
Russian
Keywords:
legal entities, corporate organizations, unitary legal entities, state organizations, corporate relations, the right to manage a legal entity, participation (membership), limited property rights of business and operative management right.
Abstract (English):
The article raises the question on possible participation of the State and legal persons established by it (public enterprises and institutions) in corporate relations. The article criticizes the approach, dominant both in the doctrine and in the legislation, that corporate relations appear only in corporate organizations. This view is based on an incorrect identification of corporate relations with the relations of participation (membership), while the participation (membership) is not a sign of corporate relations, but happens in many civil and other relations with a variety of persons. The conclusion is that it is necessary to recognize corporate relationship, related to management of any legal entity. The author proves that the right to manage a legal entity has the same nature for both corporate organizations and for unitary state organizations.
The article raises the question on possible participation of the State and legal persons established by it (public enterprises and institutions) in corporate relations. The article criticizes the approach, dominant both in the doctrine and in the legislation, that corporate relations appear only in corporate organizations. This view is based on an incorrect identification of corporate relations with the relations of participation (membership), while the participation (membership) is not a sign of corporate relations, but happens in many civil and other relations with a variety of persons. The conclusion is that it is necessary to recognize corporate relationship, related to management of any legal entity. The author proves that the right to manage a legal entity has the same nature for both corporate organizations and for unitary state organizations.
Keywords:
legal entities, corporate organizations, unitary legal entities, state organizations, corporate relations, the right to manage a legal entity, participation (membership), limited property rights of business and operative management right.
legal entities, corporate organizations, unitary legal entities, state organizations, corporate relations, the right to manage a legal entity, participation (membership), limited property rights of business and operative management right.
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