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Corporate contract as a legal fact

Klyachin A.   ()

A corporate contract is a relatively new Institute domestic law and requires a careful examination both from the point of view of the legal nature, and from the point of view of legislative regulation. The definition of the corpo-rate contract, under article 67.2 of the civil code, is limited to agreements concluded within the framework of the economic entities, the legislator has unreasonably extended the norms on corporate contract solely for a business company, leaving other corporate type. There are three main approaches to the legal nature of the corporate contract: the consideration of the corporate contract as an ordinary civil law contract; recognition of the mixed nature of the corporate contract; recognition of the independent nature of the corpo-rate contract. Follow to recognize the binding nature of the corporate con-tract, resulting in the accomplishment of this legal fact is the emergence, change and termination of rights and obligations of parties to the regulated legal relations. In this case, it is necessary to agree and with the need to allo-cate specific corporate characteristics in the studied relationships. There is a need to revise legislation on corporate contracts.

Keywords:Corporate contract, corporate relations, corporation legal fact, obligation relations.
 

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Citation link:
Klyachin A. Corporate contract as a legal fact // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2015. -№11-12. -С. 156-161
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