Abstract
The paper examines the influence of the international factor on the development of Russian legislation and law enforcement. The author focuses on the study of unjustified changes in the courts’ approach to assessing the principle of independence and autonomy of a legal entity and their use of the so-called concept of a single economic entity (commercial enterprise). The use of this concept without taking into account the factors to which it owes its origin in England and the USA leads to a violation of the basic provisions of both corporate law and law of obligations. For example, not only the debtor is held liable for violation of the obligation — relative legal relationship, but also the third party — the interventionist, which is a single business entity (commercial enterprise). The bodies of the legal entity — the interventionist — in fact, are forced to take actions not in the interests of this organization, which directly follows from the requirements of the law, but in the interests of the creditor in the obligation. This approach radically changes the standard of conduct of entities that form the bodies of a legal entity. In addition, following the concept of a single economic entity (commercial enterprise) does not take into account the requirements of legislation in the public sphere, for example, banking, where credit organizations a priori cannot put the interests of creditors of organizations forming a single economic entity with them above the interests of their creditors (clients, depositors).
Published Version
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