Open AccessSHARE IN LLP CHARTER CAPITAL AS PROPERTY: SOME ISSUES OF THEORY AND PRACTICE RELATED TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN
Author(s) -
Сергей Скрябин,
Serge Skryabin
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/19207
Subject(s) - charter , legislation , capital (architecture) , law and economics , property rights , obligation , property (philosophy) , business , law , political science , economics , philosophy , archaeology , epistemology , history
The article investigates the issue of legal regime of a share in the charter capital of limited liability partnerships as a special kind of property. The author considers justified extending to this type of property of the rules of civil legislation on the law of obligations with certain peculiarities of the legal regime. These include peculiarities of definitions of authorized persons and parties liable; extending to their turnover of the rules on substitution of parties in the obligation; establishing the price of the shares in charter capital through a correlation with the property of the company itself, fixing of their price at a certain moment, preceding the transfer; changing of current rules on the charge of the share. The right to the share in the charter capital is determined as a prerequisite of enjoyment of rights and obligations of a participant, as well as the cost of the property belonging to the partnership.