Kycherenko I. Organization juridical forms of legal entities in Private Law

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0504U000575

Applicant for

Specialization

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

14-10-2004

Specialized Academic Board

Д26.236.02

Essay

The thesis is devoted to the research and substantiation of fundamental theory of definition of concept and building of a system of the organization-juridical forms of legal entities in private law. The considerable attention is paid to definition of civil law criteria underlying the buildup of such a system, i. e. definition of essential features of organization-juridical forms of legal entities according to private law which constitute its content and allow to distinguish one kind of the juridical person from another. The thesis covers al-round analysis of legislative acts which determine the legal status of separate kinds of legal entities (enterprise and non-enterprise forms of cooperative associations creative societies and labour unions, public organizations, companies of joint owners, unitary and corporate firms, organizations of the leasers) as well as the definition of the main principles which make possible to carry out the scientific classification of legal entities. The research also contains essential proposals concerning legal regulation of reorganization and liquidation of some kinds of juridical persons. The author has created the theoretical model of the organization-juridical forms of legal entities in accordance with Private Law and proved the necessity to fix in the Civil Code of Ukraine the following system of juridical persons: economic company (economic partnership), joint-stock company, company with restricted (limited) liability, complete (unlimited) company (partnership), company (partnership) in commendum, cooperative association (enterprise and non-enterprise cooperatives), non-enterprise copartnership (public partnership, partnership of joint proprietors), non-enterprise societies with limited liability and with complete (unlimited) liabilities, establishments. The author has also submitted the proposals concerning the adoption of the following Laws: "On non-enterprise cooperatives", "On enterprise cooperatives", "On non-enterprise societies", "On partnerships of proprietors" and others.

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