Cherevko P. Creation of legal entities of private law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U001596

Applicant for

Specialization

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

16-03-2009

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation explores the basic civil law problems of the creation of legal entities of private law, the definition of concept and the legal maintenance of this institute of civil law. The special attention is devoted to the civil-law regulation and unification the creation process of legal entities of private law, the registration order of the private law's legal entities creation decision, and also approving the decision of the constituent assembly about creation of legal entities. Proving: necessity of an establishment in the legislation person's both creation and participation in legal entities common approaches of restriction; impossibility of a recognition charter and contract as constituent documents of the creation of the legal person as it causes a question on hierarchical dependence of one constituent document from another and circle definitions legal which are regulated by them; inexpediency in the minimum size of the authorized capital's expression in the minimum wages and a foreign currency as commercial company are laid down in unequal legal conditions, considering requirements of Civil Code concerning guaranteeing function of the authorized capital for such kinds of legal entities, as Companies Limited and additional responsibility, joint-stock companies.

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