Symonyan Y. Corporative relations in the commandite companies (civil and legal aspect).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U004938

Applicant for

Specialization

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

12-11-2010

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to the research and substantiation of theoretical and practical basis of corporative relations in commandite companies. Different theories and concepts, which exist at the present stage in legal literature regarding the concept, legal nature and types of corporative legal relations, are analyzed. The corporative relations were proved to be type of civil and legal relations having certain specificity. The characteristics of corporative relations in commandite companies are determined. The stage of creation of commandite company and relations which arise at each of them are examined. The legal nature of founding agreement of commandite company is determined and the proposals as to the content of founding agreement are formulated. The conclusion of the Participation Agreement for investors in suggested. In the thesis the characteristics and specificities of the corporative relations, which are the process in commandite company’s functioning activity, are determined. It is proved by the example of this commandite company that there is as special connection between the organizational and property corporative rights: the limitation of organizational rights is compensated by increase of property rights. The position on the modification of commandite company management is argued. The corporative relations at the termination of commandite company are researched. The existence of general and special principles of their termination for commandite companies is proved. They are preconditioned by the subjective composition, nature of rights and duties of each group (founders and investors) and confidence character of relations within commandite company. The general principles of liability for corporative rights and duties infringement and the specificities of the participants of commandite companies responsibility are considered. The classification of responsibility in commandite companies is suggested and the types of responsibility in corporative relations of commandite companies are determined. On the ground of this research the propositions as to the modification of effective civil and corporative legislation are formulated.

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