Zeliska A. Entrepreneurial legal entities of Private law as subjects of civil legal relations

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000667

Applicant for

Specialization

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

28-09-2017

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The objective of the thesis is the development of a universal legal category of "entrepreneurial legal entity of Private law" and system regulation of the existing legal entities within its boundaries. It is established, that the core of the category of "entrepreneurial legal entity of Private law" is made by the sign of the right of income distribution among the participants of the legal entity. This sign changes the interpretation of entrepreneurial legal entities of Private law on the basis of the legislative definition of entrepreneurial companies. It is determined, that for the systematization of the legal entities of research it is reasonable to use the division of them into several types, which have generic character: a company; a cooperative; legal entities, which are entrepreneurial in the character of internal legal relations between them and their participants or members (having the right to divide the income among the participants). The formation of separate legal forms of entrepreneurial legal entities of Private law within the third type is conditioned by the objective influences of tendencies as to regulation contingence in the world of the status of legal entities, which are the unities of capital and legal entities, which are unities of persons. The uniting factor for the legal forms of entrepreneurial legal entities of Private law within the third type is special requirements as to their foofs (participants) who determine the peculiarities of their foundation, legal regime of property, corporate rights of participants or members, management, shut down.

Files

Similar theses