Zhornokui Y. Civil and Legal Nature of Corporate Conflicts in Joint-Stock Companies.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0516U000505

Applicant for

Specialization

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

03-06-2016

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This thesis is focused on the research and determining civil and legal nature of corporate conflicts in joint-stock companies. In the context of theoretical generalization the author has suggested a new solution of the scientific problem, which is manifested in the formation of scientifically based concepts of recognition of corporate conflicts as the legal obstacle in the implementation by the shareholders of their rights or the threat of their abuse that affects the state of corporate legal relations, mutilating them and serves as the basis of the genesis of branching legal relations on recognition and / or renewal of the violated corporate rights and / or protection of corporate interests or exercise of other rights a shareholder has in such cases. It is grounded that the object of corporate conflict is subjective corporate right and / or corporate interest of a shareholder; the subjects are - shareholders, joint-stock company and members of its bodies; the content is composed by the right of one member of secured legal relations provided by the law in case of the violation or threat of violation of the corporate right and / or interests and the duty of others. The most effective ways to prevent corporate conflicts within the joint-stock company is the improvement of corporate administration, redemption and exchange of shares, the use of the doctrine of "piercing the corporate veil", conclusion of the shareholders' agreement.

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