DOI: 10.25136/2409-7136.2022.3.37590

Abstract: In this paper, an option to conclude a contract and an option contract are considered in a comparative aspect. The object of the study is an option relationship or a relationship that develops as a result of the application of the norms of civil legislation on options. The subject of the study is the norms of the Civil Code of the Russian Federation governing the conclusion of an agreement on the granting of an option to conclude a contract and an option contract. The main purpose of the work is to compare the option to conclude an agreement and an option agreement, to identify common and distinctive features of the mechanisms under Articles 429.2 and 429.3 of the Civil Code of the Russian Federation. В В В  The scientific novelty of the study lies in the fact that in this paper a comparative analysis of the option to conclude a contract and an option contract is carried out. The norms governing the options constructions under consideration have been subjected to a detailed study and analysis. The results of the study, which reflect the scientific novelty of the work, are manifested in the differentiation of two adjacent options as common constructions. The paper considers the option to conclude a contract and an option contract in a comparative aspect, highlights the adjacent and distinctive features of both designs, concludes about the common purpose of option designs, about the features of mechanisms, as well as the need to improve Articles 429.2 and 429.3 of the Civil Code of the Russian Federation.

DOI: 10.7256/2454-0706.2020.8.33472

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

DOI: 10.7256/2454-0706.2020.8.43361

Abstract: The object of this research is the definition of the concept of civil responsibility of the board of directors in corporations. The subject of this research is the theoretical positions of different scholars that correlated with the object in question. The author believes that the topic of responsibility of the members of board of directors requires further examination, since case law on this problematic is relatively small, and essence of the topic carries practical, rather than theoretical character. Therefore, special relevance gains definition of the concept of civil responsibility applicable to responsibility of the members of board of directors in corporations. The author offers an original definition of civil responsibility of the members of board of directors in limited liability companies and joint-stock companies; as well as describes financial negative consequences of for violation of responsibilities imposed upon the members of board of directors by corporate legislation and articles of association. A conclusion is made that the definition of responsibility of the members of board of directors is not unique, as in essence similar by content definition can be used with regards to responsibility of any corporate body in the limited liability companies and joint-stock companies respectively.

DOI: 10.25136/2409-7136.2020.6.33454

Abstract: This work explores the problem of directorial board execution of the competency of voiding a contract with the registrar in public commercial corporate legal entities. The author provides a number of arguments that allow designating the aforementioned authority of the public joint-stock company as a deadlock situation. Based on the latter, classification is carried out on the deadlocks by level of their emergence into horizontal and vertical, describing characteristic traits of the vertical deadlock. The subject of this research is comprised on the norms that regulate the competence of the members of the oversight committee of corporations in civil law, pertinent law enforcement practice, as well as theoretical positions of various experts. The scientific novelty of this research consists in the analysis of the relevant practical issues associated with emergence of deadlock situations due to the activity of the directorial board. Detailed study and analysis is conducted on the case law of the courts dealing the problems of horizontal deadlock situations. The results of this work include proposed classification of deadlocks by the level of their emergence into horizontal and vertical; definitions of the horizontal and vertical deadlocks; examination of the mechanisms of resolution of horizontal deadlocks.