Legal support of corporate legal relations: priority in terms of imperative or discretionary nature
نویسندگان
چکیده
Current state of legal support for corporate relations and doctrinal approaches to determining the priority their mandatory or dispositive regulation have been analyzed. Attention has drawn fact that in order ensure unimpeded exercise subjective rights by each participant a organisation, balance regulatory self-regulation should be developed, which built from requirements discretionary principles.
 At current stage legislation development, there is combination mechanisms relations. The framework establishment, operation termination corporations, as well protection participants (shareholders), does not allow clear answer question applying method these Despite being civil are subject general principles law, need stability turnover protect necessitates urgent certain aspects movement.
 It identified tendency expand scope mechanism clearly crystallised relation organisational forms entities. For objective reasons, it less evident public joint-stock company. development self-regulatory elements limited liability company could welcomed, given its intermediate position between classic business entity such partnership. However, with regard private company, possibility strengthening taken caution. non-public nature, remains, first foremost, capital association transformed into shares recognised surrogate securities.
 Although agreement contains provisions on (refusal exercise) they local, but individual regulators do apply company's functioning activities, indicate normative nature contractual structure.
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ژورنال
عنوان ژورنال: Law and Safety
سال: 2023
ISSN: ['1727-1584', '2617-2933']
DOI: https://doi.org/10.32631/pb.2023.1.10