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10. The concept and types of corporate legal relations
A corporate legal relationship is such a public relationship that is regulated by the norms of corporate law of the Russian Federation.
Corporate legal relations are protected by the state and are of a volitional nature, since to a certain extent they express the will of the participants in legal relations, as well as the will of the state in this regard.
Corporate legal relations are of a specific nature, that is, they always represent the relationship of someone with someone, and not abstract subjects.
Corporate legal relations entail certain legal consequences for their participants. The subjects of corporate law acting as participants in a corporate legal relationship exercising their powers as a result of the legal relationship.
Corporate legal relations are related to civil law relations, this predetermines the methods of regulation of these legal relations.
As for the types of corporate legal relations, depending on the grounds, these legal relations are usually classified differently. There are relative and absolute corporate legal relations. They differ in the degree of certainty of the subjects of legal relations. In relative legal relations, the subjects are defined with sufficient clarity in order to individualize them. In relative legal relations, there are several subjects endowed with rights and obligations in relation to each other, thus, the rights of one subject of the legal relationship correspond to the duties of another, and vice versa. Absolute legal relations imply the presence of an indication of only one subject - the subject of corporate legal relations, endowed with certain rights (or rights) in relation to an indefinite circle of persons. This subject has a subjective right, and this subjective right is opposed by the legal obligation of an indefinite circle of persons.
There are also simple and complex corporate legal relations. They differ in the composition of the participants. In simple legal relations, two subjects are involved, in complex ones - more than two.
A feature of legal relations in general and corporate legal relations in particular is that they arise only if there are certain grounds. Consequently, for the existence of a corporate legal relationship, the existence of two components is necessary: material (public relations) and legal (corporate law of the Russian Federation governing public relations).
Corporate legal relations have an internal arrangement (structure). The structure of corporate legal relations consists of the following elements:
1) subjects of corporate legal relations;
2) objects of corporate legal relations;
3) content of legal relations.
Author: Sazykin A.V.
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