Корпоративное право. Предмет корпоративного права (самое важное)

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Корпоративное право. Предмет корпоративного права (самое важное)

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2. Subject of corporate law

The subject of the branch of law is the social relations to which the legal regulation of this branch is directed. The complexity of determining the subject of corporate law lies in the fact that it is not a branch, but a sub-branch of law, that is, it acts as if it were an integral part of civil law. Thus, corporate law is intended to regulate not all social relations related to civil law, but only a part of civil law relations. In this case, the sub-sector is a sphere of rather narrow specialization. Therefore, corporate lawyers mainly specialize in corporate matters.

The subject of corporate law is wider than the subject of regulation of joint stock law, since the subject of regulation of corporate law includes the regulation of other economic organizations, and not just joint-stock companies.

Economic law is a sub-branch of civil law that regulates relations arising in the process of carrying out economic activity and managing it. Economic law is very close to the concept of corporate law, since it is also intended to regulate similar and, in many respects, coinciding legal relations. However, economic law in a broad sense implies the legal regulation of all economic entities, including entrepreneurs without forming a legal entity, while corporate law implies only collective entities.

As for commercial law, it is a synonym for economic law, but more modern.

The subject of corporate law is much broader in scope than, for example, the subject of regulation of cooperative law, since the subject of regulation of cooperative law includes only the creation, operation and legal status of cooperatives, and corporate law regulates the activities of a much larger number of other participants in civil legal relations. The subjects of regulation of these two industries are similar, but not identical, since the objects of legal regulation of these sub-sectors are also very similar, but by no means equivalent.

The subject of corporate law is the totality of legal relations regarding the creation, activities and legal status of economic entities.

The list of economic entities is established by the Civil Code of the Russian Federation. Economic entities in the corporate legal sense include collective entities (organizations) engaged in commercial activities. Of particular importance when referring to the subject of legal regulation of corporate law is the correct correlation of the organization with such concepts as entrepreneurial activity, economic activity, profit, form of ownership of the organization, etc.

Author: Sazykin A.V.

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