Lukach I. Economic law regulation of corporate relations in Ukraine: theoretical issues

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000467

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-05-2016

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is dedicated to the research of theoretical issues of legal economic regulation of corporate relations. Legal aspects of historical development of corporations in Europe, the Unites States and Ukraine are analyzed and compared. It was concluded that the use of the term "corporation" in Ukrainian law was different than its use in the Unites States and European law. On the basis of the economic and legal scientific theories of corporation as a system of corporate law category, the main elements of legal corporate relations were developed: the parties, the object and the content. Based on the economic and legal features, joint stock companies and limited liability companies were identified as types of the Ukrainian corporation. Parties of corporate legal relations are defined as the persons that hold subjective rights and obligations, enter into corporate governance relations and execute corporate rights. Advanced approach to the structure of the corporate relations participants, including corporate governance bodies and their officials, derives from the theory of stakeholders. Based on the work of Adolf A. Berle & Gardiner C. Means "The Modern Corporation & private property", the object of corporate legal relations was divided into two parts: the execution of corporate rights and corporate governance.

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