The implementation of the principle of cooperation of civil law subjects in corporate legal relations
Автор: Fedoseev A.A.
Журнал: Ex jure @ex-jure
Рубрика: Частноправовые (цивилистические) науки
Статья в выпуске: 3, 2022 года.
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The principle of cooperation of civil law subjects, traditionally referred to as the principles of the law of obligations, has a much deeper content, allowing it to extend its effect to other types of civil law relations. Corporate legal relations, based on a material relations consisting in the unification of efforts by civil law subjects to achieve a common goal - the effective functioning of the corporation - cannot exist in isolation from the idea of cooperation and mutual assistance of its participants. In the article, the author analyzes the content of the principle of cooperation of civil law subjects through the prism of the specifics of the content of corporate legal relations and the problems of its subject composition. As a result, the author comes to the conclusion that in a corporate legal relations, the principle of cooperation is implemented through the doctrine of fiduciary duties both in terms of the imperatives of the information cooperation group aimed at ensuring the awareness of members of the management bodies of the corporation and the activity cooperation group aimed at eliminating accidental obstacles to achieving the goal of the legal relations.
The principle of cooperation, information cooperation, activity cooperation, fiduciary duties, legally significant cooperation, corporate legal relations, conflict of interests, loss of corporate control
Короткий адрес: https://sciup.org/147238246
IDR: 147238246 | DOI: 10.17072/2619-0648-2022-3-93-103