Contribution to the Charter Capital of a Company as a Transaction

In this master thesis the author considers main characteristics of contribution to the company's charter capital as a transaction, i.e., qualification of contribution to the charter capital as a unilateral or bilateral transaction, a gratuitous or non-gratuitous contract. The background for this research on the mentioned characteristics of the contribution to the charter capital was an approach of the highest courts with respect to two categories of disputes: (i) on restitution when the transaction on contribution to the charter capital is deemed invalid in insolvency cases, and (ii) on vindication of assets contributed to the charter capital of the company. With respect to the first category of disputes the contribution was qualified as a bilateral transaction, with respect to the second category – as acquisition for compensation. At this stage in legal studies and court practice there is no consistent approach to the characteristics of a transaction on contribution to the company's charter capital as well as no consistent approach to the legal nature of the contribution, e.g., apart from the qualification of the contribution as a transaction, contribution to the charter capital may be deemed as a legal action or a physical act. The master thesis is focused on the features of the contribution to the company's charter capital subject to the moment of contribution and the particular legal form of the company.