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Сorporate Agreement

Student: Uryakin Dmitriy

Supervisor: Elena Emelyanova

Faculty: School of Law

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2018

As part of this work, the author conducted a comprehensive, comparative research of the institution of the corporate contract, including the genesis of development in domestic and foreign law and order, an analysis of the legal nature, as well as the subject and content of the corporate contract. According to the results of this research, the author has made the following conclusions. The advent of the legal regulation of the corporate agreement in the Russian Federation was the result of the modern reform of corporate legislation. The legal nature of a corporate contract is different in countries of common law, in which corporate contract under certain circumstances may be a corporate act, which replacing the charter of a corporation and in countries of the Romano-German legal family, in which only corporate obligations between members of a corporation can arise from a corporate contract. In the author's opinion, the corporate contract in the Russian Federation has a mixed legal nature, being an obligatory agreement by nature, but having a "corporate effect". The subject of the corporate contract is not homogeneous and based on different models, depending on the goals of its participants. The author analyzed these contractual models and highlighted their essential conditions. In the author's opinion, the improvement of the institution of corporate agreements should perceived as a natural process, connected with the globalization of the economy, as well as with the active development of business structures.

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