Year of Graduation
Liability of Members (Shareholders) of a Business Company for Its Obligations
The final qualification paper is dedicated to the institute of liability of participants (shareholders) of a business company for its obligations (hereinafter – the "Institute") in Russian law. While research the author determines the aim of incorporation of the Institute in the Russian law, analyzes peculiarities of liability of participants (shareholders) of a business company for its obligations and reasons determining their incorporation at the level of law. The research also deals with the practice of implementation of the Institute's provisions and conformation of such practice with the aim of the Institute in Russian law. On the basis of research the author rejects position that the exclusive purpose of the Institute in Russian law is protection of the interests of the business company's creditors and proposes to consider the aim as achievement of the balance of interests of the main participants of the analyzed legal relation, i.e. creditors of the business company, the business company and different groups of participants (shareholders) of such business company. The need to prove certain facts (to overturn assumptions) provided by the law is regarded as a tool for achievement of such balance of interests. The author states that peculiarities of liability of participants (shareholders) of the business company are determined by the aim of the Institute. The author thinks that the main of such peculiarities are non-contractual and imperative character (impossibility to change by the parties' agreement) and absence of a right of recourse. The author concludes that in most cases provisions of the Institute in Russian law conform with its aim, however such aim cannot be often achieved due to peculiarities of practical implementation of such provisions.