Корпоративные правоотношения: содержание и особенности регулирования

Abstract

Theoretical issues of the concept, classification, types, structure and system of subjective corporate rights have not been studied properly. As a result, scientists try to interpret subjective corporate rights within the framework of the law of property, and the law of obligation; to use analogy methods in their judgments that testifie to an attempt of applying existing scientific concepts to describe and reveal intrinsic specificity of legal relationship, whose legal regulation is just at the initial formation stage. The concepts of civil legal relationship, subjective civil law, and corporation that are currently far from being uniform in their interpretation by the juridical community should become fundamental and initial concepts in determining the independence of corporate legal relationship and subjective rights. Taking into account the definitions of the law in force, one cannot see solid grounds for defining common features, concept and system of corporate legal relationship. This demonstrates imperfection and defects in the Russian civil legislation with regard to regulation of corporate legal relationship. But without comprehensive detailed regulation of this relationship it is impossible to create a fully functional legal regulation system neither at present nor in future.