Является ли хозяйственное общество гражданско-правовым сообществом? Концепция коммуникатора

Abstract

The article examines the legal nature of a business company. The concepts of the contractual community of participants, the personalized property and the nexus of contracts are consistently studied and rejected. It is permissible to consider a business company as a civil law community only if such a community is not reduced to a group of its participants who are in decentralized legal relations with each other. It is proposed to consider a business company as having a dualistic legal nature. On the one hand, it is recognised by the state as a legal entity, having its own will, interests, and separate property (statutory nature). On the other hand, a business company is organised by means of centralised corporate relations having features of civil law contracts and in the interests and goals of the business company separate common interests and goals of its participants are reflected (contractual nature). Thus, a business company performs the functions of a communicator.