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Corporate law. Concept and features of corporate law (the most important)

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1. The concept and features of corporate law

Corporate law is a sub-branch of civil law, the norms of which are aimed at regulating public relations in the organization and activities of enterprises and organizations acting as subjects of civil law. The word "corporate" comes from the Latin root, meaning association, corporation, society, union, the application of joint efforts, the presence of a common.

The term "corporate law" is understood in two ways - in a broad and narrow sense. In a broad sense, corporate law is a set of legal norms regulating the legal status, the procedure for operating and creating business companies and partnerships. In a narrow sense, corporate law is a system of rules established by the owner or administration of a commercial organization and regulating legal relations within this organization. In terms of this study, corporate law is of the greatest interest in the broadest sense.

In addition, there are several related branches of law and concepts, such as commercial law, company law, cooperative law, economic law. For a correct understanding of the nature of legal relations regulated by these industries, it is necessary to distinguish between them. All these industries have common features, but there are also certain differences.

Corporate law has the following features:

1) is a sub-branch of Russian civil law, i.e. it has a significant degree of autonomy in relation to the civil law of the Russian Federation;

2) regulates social relations relating to the creation, activities and legal status of economic entities in the Russian Federation, i.e. corporate relations;

3) consists of corporate norms united in institutions.

Corporate law has neither an independent subject of regulation, nor special methods of legal regulation that are different from the methods of regulation of civil law. Moreover, corporate law regulates issues related to the category of the subject composition of civil law, therefore corporate law cannot be recognized as an independent branch of law, which in no way detracts from its importance.

To date, corporate law is one of the most relevant areas of activity of legal services. A new milestone in the development of corporate law began with the adoption of the new Civil Code of the Russian Federation.

If the activity of a foreign organization is carried out in the Russian Federation, then its status as an organization is recognized in the Russian Federation or is determined by an international treaty of the Russian Federation. In this case, a foreign organization must conform its activities with Russian legislation. At the same time, the activities of foreign organizations are based on Russian legislation and, therefore, are subject to legal regulation of corporate law.

Author: Sazykin A.V.

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