Kovalyshyn A. Judicial protection of corporate rights

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U004189

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

29-05-2013

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

In the Thesis the specific features of protecting corporate rights trial are explored, the problems of law enforcement are analyzed as well as the formulation of proposals for improving civil, commercial law and law of commercial procedure are given. Key features of corporate rights protection proceedings are identified over its historical development. The concept of corporate dispute is proposed and the most common types of corporate disputes are presented. The classification of claims in corporate disputes are worked out, depending on the interest the action protects, and depending on the state of the right to be protected. It is proposed to implement a special mechanism of indirect action to protect the interests of corporate relations participants. The preconditions of the right to sue and person's circle of possible corporate dispute are analyzed. The subject of proof in certain categories of corporate disputes is analyzed. The necessity of securing a new type of evidence in the law of commercial procedure such as witness testimony is proposed. The specificity of provisional remedies in corporate disputes is analyzed. An abuse of procedural rights in corporate disputes is explored.

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