The Legal Nature of the Corporate Contract

Student: Zhukova Mariia

Educational Programme: Advocacy (Master)

Year of Graduation: 2018

This research is devoted to the analysis of the legal nature of the corporate contract. The present work examines the history of introduction of the legal institution of the corporate contract into the legislation of the Russian Federation, the concept, features and types of the corporate contract, the place of the corporate contract in the system of other contractual forms. The author of the research defines rights and obligations of parties of the corporate contract, identifies methods of ensuring of obligations of the corporate contract and examines types of property liability for the breach of the corporate contract. So, it was established that the legal institution of the corporate contract was borrowed from the legislation of foreign countries, while the corporate contract has certain features due to its legal nature. The author of the research proposed the classification of types of the corporate contract and concluded that the corporate contract is not a classic civil-law contract. Also, according to the research, it was revealed that some methods of ensuring of obligations can be included in the corporate contract. Moreover, it was established that common types of property liability in civil law can be applied in situation of the breach of the corporate contract. However, in practice the application of types of property liability for the breach of the corporate contract and proving its size in court is rather difficult due to the legal nature of the corporate contract. So, it was concluded that in the future it is necessary to improve regulation of this legal institution.

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