Pogulyayev S. Transfer of technology as the investment to partnership

The dissertation is devoted to complex research of a legal nature of the civil privity arising between participants of partnership under condition of transfer to this company of technology, as such as the investment (an asset 1152 of new Civil code of Ukraine). The primary goal consisting in explanation is solved has washed off also application of this asset of the new Code, concerning such specific object of civil law as technology. The legal nature, the maintenance(contents) and a legal regime of the investment to partnership is comprehensively investigated. The term ''subject of investment'' is entered. It is established, that only money and property - corporal and incorporeal, reported as the investment, form association property of company. Given as the investment of a various sort of service by virtue of the inalienability from a source may be recognized as the investment only under condition of that they have increased the price of others, before brought property investments - both corporal, and incorporeal. Thus the technology as such is concerned as independent complex object of civil rights, an element of the property containing set of systematized knowledge and experience of the organizational and commercial character, managements used in sphere, the organization of manufacture and selling of production, works, services. In turn knowledge also are concerned as object of civil rights, a version of the information and a subject of the investment in partnership. The author puts forward a hypothesis, that the investment to partnership may be only the knowledge staying in a condition of an active information resource. Scientific recommendations for perfection of the perspective civil legislation of Ukraine are offered. Novelty of the dissertation is based on a method disruption of technologies on objects of the intellectual property (the copyright/1/, the industrial property/2/); objects of the confidential information, including a know-how/3/, and the fact of their transfer, as object of civil law and investment to partnership.