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COMPENSATORY NATURE OF THE CORPORATE AGREEMENT
PDF (Russian)

Keywords

organizational contract
возмездность
презумпция возмездности
встречное предоставление
гражданско-правовая сделка
корпоративные права
организационный договор
corporate contract
compensatory nature
presumption of compensatory nature
counterclaim
civil law transaction
corporate rights

How to Cite

Poltoratskaya A.S., Соломин С. COMPENSATORY NATURE OF THE CORPORATE AGREEMENT // Развитие территорий. 2019. Vol. 1, no. 4. P. 8–10.

Abstract

This article analyzes the legal structure of a corporate contract from the point of view of the possibility of qualifying this contract as paid. The author conducts a study of the various positions of scientists on this issue and analyzes the arguments that underlie certain views and opinions. The norms of the current legislation on a corporate contract are also examined. In particular, by analyzing the legislative provisions on the mutual rights and obligations of participants in a corporate agreement, the author comes to the conclusion that it is necessary to resolve the issue of determining the compensatory nature of a corporate agreement taking into account its legal nature. Summarizing and analyzing the opinions expressed, as well as proposing to consider the corporate contract as an organizational contract, it is concluded that the corporate contract has non-compensatory nature.
PDF (Russian)