Yakovlyev Y. Limited partnerships as Subjects of entrepreneurial activities.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0401U002486

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

02-07-2001

Specialized Academic Board

К 64.700.03

Essay

For the first time in the Ukrainian civil and law science a corporate nature of limited partnerships as subjects of entrepreneurial activities is specially examined. Attention is paid to their being a variety of an organisational and legal form of small entrepreneurship for which objective prerequisites have been created and that it is characterised by a number of advantages when one speaks about its execution: combination of property and control, simplicity of organisation and activities, a great degree of trust between the participants, possibility to quickly adapt to the conditions of market, a possibility to mobilise own means for quick increase in volumes of activities, low capital capacity, interest in achieving a final result, transparency and others. On this basis it is concluded that there exist three levels of such unions: between the participants - a union of capitals (investments), control, activities and responsibility; between investors - union of capitals and control; between the partici pants and investors - a union of interests, capitals and control. In this connection the subjective structure of a limited partnership is characterised and attention is paid to the fact that legal relations are proceeded by others: family, relative, neighbour, professional etc. what predetermines success of such associations. A considerable attention is paid to examining the peculiarities of development of legislation on limited partnerships in Ukraine and other European countries. Nature, content of a constituent agreement on creating a limited partnership and a circle of its subjects are analysed. It is suggested that the order of certifying signatures of constitutors be changed from a notarial to a generally accepted. Key words: entrepreneurship, small entrepreneurship, limited partnership, unlimited partnership, juridical person, unions of investment, management, development, responsibility, interest; corporate law, constituent treaty.

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