Kravchuk V. Termination of corporate legal relations in economic societies.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0510U000217

Applicant for

Specialization

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

10-03-2010

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis investigates the bases, procedure and legal consequences of termination of corporate legal relations in economic societies. It has been suggested that general and special corporate legal relations should be differentiated. Substantiation has been given for the theory of corporate rights divisibility implying that corporate rights can be full or partial. There are considered different aspects of alienating shares and stakes in equity capital, retirement or expelling from the society, application claim on a share and other bases for terminating the corporate relations. It is substantiated that the mechanism of establishment and termination of corporate legal relations in economic societies has to take into account the mutual relations of property and organizational corporate rights. Organizational corporate rights arise pursuant to the acquisition of property ones. While terminating corporate legal relations only organizational corporate rights are terminated. Property corporate rights, conversely, are either transformed into mandatory ones or are transferred to other persons acquiring such shares. Pursuant to corporate legal relations termination for reasons other than legal succession, the equity share shall be transferred to the company and the participant's corporate right for the equity share shall be transformed into the mandatory right of claiming that the society should reimburse the true value of the share.

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