AA Kirillov Corporate Law. Lectures.

2.1. The concept of corporate law


Corporate is a comprehensive legal industry, regulating a special kind of relations based on the principles and methods of civil law, based on international treaties, laws and regulations that exist in the Russian Federation, local corporations, the regulatory framework, business practices and business habit of performing specific functions.

The special role of corporate law - the relationship between the state (public-private-or), and corporate regulation.

The peculiarity of corporate law - inseparably linked with civil law, but the special relationship, functions and sources of law make it a new branch of law are isolated.

Corporate law can be represented as a set of civil law, as well as local corporate rules governing corporate relations with the mandatory requirements of civil law, the specificity of the organizational forms of corporate relations, specific features of the corporate association.

From the standpoint of economic and legal representation of the company law regulating corporations - is:

1) an integral part of civil law; a set of legal rules governing the legal status of the order of creation and activity of business entities;

2) the system of rules established by the owner or the administration of the enterprise (business entity) and regulating various intercompany relationships.

Corporate law - a system of rules and standards of conduct that are developed and adopted by the organization, based on the union of persons and capital, will express its collective and regulate various aspects of the activities of the organization.

Therefore, corporate law may also be called the intra, intra-law, determining the possibility of any organization based on the principles of autonomy, exercise, domestic regulation, distribute it to their members to achieve the goals and objectives of the activity.

More than a narrow understanding of corporate law is reflected, for example, in the United States and Canada, which are traditionally used joint-stock form of business and draw up its regulation of company law, ie a system of rules of conduct governing relations developing in a joint stock company - the company whose charter capital is divided into shares.

The Russian corporate law is often called the right business partnerships and companies. Corporate Law of the Russian Federation - a status law, enshrining the status of business organizations.

The basic principles of corporate law:

- Separation of ownership and management;

- The division of competence of management,

- Honestly and reasonably;

- The balance of interests of participants of corporate relations. These principles are essentially manifestations of the principles of civil law (equality, inviolability of property, etc.).

Corporate law - a system of mandatory standards for the corporation that controls a corporation established and express the will of its members. The rules of the corporation are binding on all members of the corporation and are protected by the power of corporate coercion.

Thus, corporate law - a cross-cutting legal institution, including the rules of civil, business, labor, administrative, financial and tax law regulating public relations connected with various aspects of the corporation.

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