The decision of the meeting as a legal fact in corporate law
Автор: Klyachin A.A.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Предпринимательское право
Статья в выпуске: 4 (30), 2015 года.
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Introduction: In recent amendments to Part One of the Civil Code of the Russian Federation, the legislature established the decision of the meeting as grounds for civil relations to arise. Also, a special Chapter 9.1, dedicated to this legal fact, was introduced to the Civil Code. However, that does not resolve all theoretical and practical issues. Purpose and Objectives: the aim of the article is to specify the legal nature of the decision of the meeting as a legal fact, to analyze new legislation on this subject, to consider the necessity for legislative changes. Methods: methods of analysis and synthesis, comparison and description, methods of formal and dialectical logic are used. Results: the author concludes that decisions of the general meeting within corporate legal relations are always a legal fact. The decision of the meeting is a specific civil transaction, though it is not a civil legal contract. Amendments should be made to existing legislation, including the part where the decision of the meeting is defined.
Legal fact, decision of the meeting, corporate relations, decision of the general meeting, civil contract, legal act
Короткий адрес: https://sciup.org/147202531
IDR: 147202531