乌克兰公司法渊源:系统化特征

O. Oliinyk
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摘要

本文对“权利来源”这一基本法律范畴进行了分析。“权利的来源”这个概念今天是多维的,既可以从广义上加以考察,也可以从狭义上加以考察。具体的权利来源可以影响他的分支归属。在本文中,我们从形式的角度考察了“权利的来源”,并回答了形式的确定性。在对“权利渊源”概念趋近于一般理论的基础上,本文确定了“公司法渊源”概念。由此得出结论,源公司是公司法规范的一种外在表现形式。公司法渊源的法律性质与公司法概念和公司法律关系概念密切相关。本文提出了公司法渊源制度的概念。对公司法渊源制度进行了反思。公司法律渊源的分类标准是该制度的基础。得出结论,公司法律渊源体系的基本构成部分是规范性法律行为、公司行为、规范性协议、公司惯例、司法实践。在本文中,作者支持公司法是民法不可分割的一部分的立场。因此,公司法渊源是民法渊源的重要组成部分。笔者对公司法渊源的法律效力进行了划分,在规则创造主体下,以接受为手段,以采用为目的。文章强调了公司行为在公司法律关系规制中的重要性。本文中的公司行为被认为是公司教育参与者以公司法人人格的产生或实现为目的的行为。结论是,公司行为具有合同性质,而不是法律性质。在制定公司行为时,应考虑到相关参与者的公共利益和私人利益。
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Sources Of Corporate Law Of Ukraine : Features Of Systematization
In the article research is carried out and such fundamental legal category as «source of right» is analysed. A concept «source of right» is today multidimensional, can be examined as in wide so in a narrow value. On the specific of sources of right can influence him branch belonging. In the presented article the «source of right» is examined in a formal aspect and answers formal definiteness. On the basis of the general theoretic going near a concept «source of right» a concept «source of corporate law» is certain in the article. Drawn conclusion, that source corporate it is an external form of expression of norms of corporate law. It is marked that legal nature of sources of corporate law is related to the concept of corporate law and concept of corporate legal relationships. The concept of the system of sources of corporate law is offered in the article. Signs over of the system of sources of corporate law are brought. Criteria are marked for classification of sources of corporate law, that are in basis of the system. Drawn conclusion, that basic structural parts of the system of sources of corporate law are normatively-legal acts, corporate acts, normative agreement, corporate customs, judicial practice. In the article the author supported the position that corporate law is an integral part of civil law. Therefore, the sources of corporate law are an integral part of civil law sources. The author divides the sources of corporate law for their legal force, under the subjects of rulorcreativity, by means of acceptance, for the purpose of adoption. The article emphasizes the importance of corporate acts in the regulation of corporate legal relations. Corporate acts in the article are considered as actions aimed at emergence or realization of corporate legal personality of participants of corporate education. It is concluded that corporate acts have a contractual, and not a lawful nature. It is stated that when creating corporate acts both public and private interests of interested participants are taken into account.
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