Open AccessRestoration of corporate control in the system of protection of civil rights
Author(s) -
N.N. Vasilyeva
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.3.18
Subject(s) - paragraph , legislation , civil code , control (management) , political science , law , relation (database) , business , code (set theory) , law and economics , civil rights , sociology , economics , management , computer science , database , set (abstract data type) , programming language
The article discusses the innovation of legislation in the protection of the rights of participants in corporate legal entities. Special attention is paid to the issue of determining the place in the system of ways to protect civil rights for the restoration of corporate control, provided for by paragraph 3 of Art. 65.2 of the Civil Code. The conclusion is substantiated that the use of traditional methods of protection-oriented or obligatory legal relations, in relation to corporate relations is not always justified. It is proposed to understand the “share of participation” as a special object of civil rights, generating the effect of corporate control. The point of view is argued that the restoration of corporate control should be considered within the framework of the “restoration of the provision that existed before the offenses”, as a universal and basic way to protect the civil rights listed in Art. 12 Civil Code of the Russian Federation.