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3. Corporate law method
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.
The method of legal regulation is a means and a way of influencing a group of social relations.
The method of legal regulation is how the impact on social relations is most effective. The industry methodology is a set of means and methods of legal regulation of certain social legal relations. Since corporate law is a part of civil law, it is entirely subject to civil law methods.
The fundamental method of legal regulation of civil, and hence corporate law is the dispositive method of legal regulation.
The essence of the dispositive method lies in the fact that the legislator uses permission in relation to the subjects of law, as a rule, provides for several options for behavior for the subjects, the choice of possible behavior. The dispositive method is expressed, in particular, in the fact that subjects have the right to choose a form of activity from among those provided for by civil law.
However, when implementing the legal regulation of corporate relations, it is impossible to use only the dispositive method, therefore, the imperative method of legal regulation is also used.
The imperative method involves the obligation of the subject to act in a certain way in the law or the prohibition to perform certain actions.
With regard to corporate law, it should be noted that the imperative method in regulating legal relations related to the activities, creation and legal status of economic organizations is more important than in the legal regulation of general civil legal relations.
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.
Author: Sazykin A.V.
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