Brovchenko T. Founding documents of legal entities under civil law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004270

Applicant for

Specialization

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

08-07-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis is devoted to complex research of founding documents of legal entities - charter, founding treaty, memorandum, founding act. It is proved that all entities must act on the basis of a single founding document - the charter. It is found out legal nature charter as a local normative act, and model charter - as normative-legal act, which is enough for activity certain legal entities. They may be not only the companies but also institutions. The author indicated the need to distinguish between the founding documents of a legal entities, the proofs of its foundation and the documents submitted for registration. It is appropriate treaty establishing general partnerships and partnerships in commendam named founding, treaties establishing the remaining companies - the constituent. It is substantiated the absence of corporate principles of activity, general partnerships and partnerships in commendam, because relations between their founders in the presence contract are binding. The conclusion is made that there is no corporate relationship in general partnerships and partnerships in commendam that is based on the fact that participant of contractual legal relations are sides of contract, and the corporate legal relations exist between the each participant of the company and the company by itself.

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