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13. The content of corporate legal relations: legal obligations and rights
The content of corporate legal relations: consists of legal obligations and subjective rights. Legislative regulation of corporate legal relations occurs precisely through the establishment of certain rights and obligations for entities provided for by law.
Corporate law (in the narrow sense) includes the ability for a certain person to choose a model of behavior on their own.
The main component of a corporate duty is the existence of an obligation to do or refrain from taking a certain action in the interests of another person. Duties and rights complement each other.
The rights and obligations arising from the subjects of corporate legal relations are regulated by the norms of corporate law of the Russian Federation. Failure to fulfill an obligation may result in coercion to fulfill it, the onset of liability, which, within the framework of corporate legal relations, can be expressed in various ways.
In corporate legal relations, an obligation, just like a right, may follow from the norms of the law or from the local norms of the organization.
Corporate rights and obligations arise from the grounds provided for by law and other legal acts, as well as from the actions of citizens and legal entities, which, although not provided for by law or such acts, but due to the general principles and meaning of civil legislation give rise to civil rights and obligations. In accordance with this, corporate rights and obligations arise:
1) from contracts and other transactions provided for by law, as well as from contracts and other transactions, although not provided for by law, but not contrary to it;
2) from acts of state bodies, which are provided by law as the basis for the emergence of civil rights and obligations;
3) from a court decision that established corporate rights and obligations;
4) due to the actions of citizens and legal entities;
5) due to events with which the law or other legal act connects the onset of civil legal consequences.
Corporate rights and obligations arise on the basis of legal facts.
Legal entities exercise their civil rights at their own discretion. The refusal of legal entities to exercise their rights does not entail the termination of these rights, with the exception of cases provided for by law. The civil rights of legal entities are not unlimited, they are exercised within such limits as to minimally affect the rights of other persons - corporate and individual entities. When exercising its rights, a corporate organization may restrict the rights of other persons, therefore the Civil Code of the Russian Federation is provided for in Art. 10 "Limits to the exercise of civil rights".
Protection of the rights of a corporate organization can be carried out by any means not prohibited by the legislation of the Russian Federation, and it is not at all necessary that these methods are provided for by law.
Author: Sazykin A.V.
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