Применение корпоративного договора в наследственных правоотношениях: проблемы теории и практики

Abstract

The application of corporate agreements in hereditary matters poses significant challenges both in theory and practice. This article delves into the legal significance of the corporate agreement in the field of hereditary legal relations, examining its legal essence and peculiarities of content. The author explores the use of the corporate agreement as a tool for of hereditary planning, highlighting possible ways of its effective application as an auxiliary mechanism for regulating relations among members of an economic society and minimizing hereditary-corporate conflicts. The permissibility of the succession of a party’s position in the corporate agreement in the hereditary process is subjected to scholarly scrutiny, leading to the conclusion of the impossibility of transferring obligations under the corporate agreement to the heir due to the personalized nature of obligations arising from said contractual structure. The absence of direct legal regulation and judicial practice regarding the hereditary succession of a party to the corporate agreement is noted in the article. Further research and legal clarification are needed to address the challenges posed by the hereditary succession of parties to corporate agreements.