Distinguishing features of corporate relations with public-legal subjects participation
Автор: Yatsuk A.S.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 3 (13), 2011 года.
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The article is dedicated to the analysis of the distinguishing features of corporate relations with participation of the special subject of private-law relations - public-legal subjects. When public-legal subjects become a part of corporate relations, these relationships get some special features, which make them different from other private-law relations. Author of this article gives 4 distinguishing features of corporate relations with participation of government and other public-legal subjects. As a part of these private-law relations public-legal subjects have two-side law nature. From the one hand, they still subjects of public relations, but, from the other hand, they become a special subject of corporate relations, like other classical subjects of private-law relations. The 4 distinguishing features of corporate relations with participation of public-legal subjects are: 1) a person, who represents the Government and other public-legal subjects in different corporations, doesn't make his own decisions. He/she just represent a will of such subjects; 2) public subjects have special rights in corporations, which are called a golden share; 3) public subjects have no privileges in corporate relations. They ere the same as other classical subjects of private-law relations; 4) corporate relations with a participation of public-law subjects is a part of whole special passive capacity of public-law subjects. All this features make Government and other public-law subjects special subjects of private-law relations. Never the less, public-law subjects are still the main part of public law, in which they have a legislation power and where their position is higher, then other subjects. The combination of private-law essence and public-law essence in Government and other public-law subjects as the part of corporate relations gives us opportunity to make a decision, according to which corporate relations with public-law subjects are differs from the corporate relations with other subjects.
Corporate relations, public-legal subjects
Короткий адрес: https://sciup.org/147202061
IDR: 147202061