• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
For visually-impairedUser profile (HSE staff only)SearchMenu

Indirect Claim as a Procedural Remedy in Corporate Disputes

ФИО студента: Elza Baianova

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2021

This graduating qualifying work is devoted to the analysis of derivative claim as a remedy of procedural protection. An indirect claim is a claim filed by a member of the company in favor of and in the interests of the latter. Indirect claims are filed for the purpose of compensation for losses caused to the company by the management. The management of the company bears civil liability in the form of compensation for losses to the company because of the management's violation of duty of loyalty and duty of care. The institution of derivative claim originated in common law. In Russia, the derivative claim has found its consolidation relatively recently, so the paper focuses on the history of the formation of derivative claim abroad and in pre-revolutionary Russia. The central issue in the analysis of derivative claim is to determine the nature of the claim filed by the participant. The legal regulation and the doctrine do not find consensus on whether the participant is a representative of the society or a procedural plaintiff in the case of an indirect claim. The paper considers the issues of proof and evidence in cases of indirect claim: the problems of reversal of the burden of proof, access of the parties to evidence. The paper also analyzes the issues of the legal nature of liability in derivative claim, the search for a proper defendant. At the end of the paper, the conclusions on the issues are presented, based on the analysis of the provisions of legislation, judicial practice, scientific doctrine, and educational literature.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses