Hryshyna I. Civil Liability of Joint-Stock Legal Relations Participants

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005244

Applicant for

Specialization

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

01-07-2015

Specialized Academic Board

К 64.051.28

Essay

The object is social relations which deal with participants of corporative participant legal relations responsibility im-plementation. The aim is to solve theoretical and practical problems concerning legal nature, features and types of civil liability which can be applied to the participants of joint-stock legal relations for failure to fulfill obligations or improper performance of obligations and in the case of other participants’ rights and legitimate interests violation. The methods are dialectical, historical, structural and functional, comparative-legal, formal-legal and others. The theoretical results and their novelty. The author's vision of the definition «civil-legal liability of joint-stock relations participants» and the next features were distinguished: a) it is applied only to joint-stock relations participants; b) it arises from non-performance or improper performance of joint-stock relations participants obligations; c) it is applied only at the initia-tive of the participant whose rights were violated; d) it is to deny certain rights, to replace of the new outstanding com-mitments or to join a new obligation to unfulfilled one which create additional property or private encumbrance; grounds for its applying, type and size may be provided not only by legislation but special local acts such as charter, shareholders agreement. The practical value: conclusions and recommendations which were formulated at the thesis can be used for Ukrainian legislation which regulates joint-stock relations improvement; for writing textbooks, tutorials, educational literature on Civil Law, Corporative Law, Economic Law; in the educational process in teaching disciplines Civil Law, Corporative Law, Economic Law for students of law higher educational establishments. Conclusions and recommendations can also be used in further analysis of legal problems, which deal with joint-stock companies estab-lishment, operation and termination of activity.

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