Corporate law. Objects of corporate legal relations (the most important)

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Corporate law. Objects of corporate legal relations (the most important)

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14. Objects of corporate legal relations

A full-fledged legal relationship always occurs between the subjects of this legal relationship regarding some objects. The object of legal relationship is that phenomenon of the surrounding reality, to which subjective rights and obligations are directed.

The corporate law of the Russian Federation is part of the civil law of the Russian Federation, therefore, when determining the objects of corporate legal relations, it is necessary to take into account the provisions on the objects of legal relations and the procedure for implementing such relations of the Civil Code of the Russian Federation.

This means that if the object of a civil legal relationship is property relations, then the object of a corporate legal relationship is property relations within an economic organization, for example, property relations between the founders of an organization in relation to shares of share capital. If the legal status of participants in civil turnover is important for civil legal relations, then not all subjects of civil turnover are of primary importance for corporate legal relations, but only subjects of corporate law of the Russian Federation, i.e. corporations and individual subjects of corporate law of the Russian Federation.

If civil law as a whole is characterized by the regulation of objects of exclusive rights, then for the corporate law of the Russian Federation, exclusive rights may be of interest in terms of introducing the right to use them as a share by a person with his participation in a business partnership or company.

The objects of regulation by corporate norms are the legal status, the procedure for the creation and operation of economic organizations, as well as the components included in these relations. Thus, it is possible to designate the signs of objects of corporate legal relations:

1) relations regarding these objects, as a rule, develop between subjects of corporate law;

2) these objects act as property, the procedure for organizing activities and other components of the subject of legal regulation of corporate law of the Russian Federation.

The corporate law of the Russian Federation can be called a status law, since the establishment of the status of economic organizations is of paramount importance in it.

As can be seen from the characteristics of the object of corporate legal relations, at present it is impossible to isolate it from the object of civil law without prejudice to both parties, therefore, in terms of corporate law of the Russian Federation, we are not talking about an independent branch of law, but about a sub-branch.

The peculiarity of the objects of corporate law of the Russian Federation is that the objects of corporate legal relations are, as a rule, the behavior of subjects and the consequences of such behavior. In some cases, as a result of a certain behavior of the subject of a corporate legal relationship, a legal fact appears that has certain legal consequences for the subject.

Author: Sazykin A.V.

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