The principle of «refusal of signs of a legal entity» in the corporate law of south korea
Page:38-40
Journal headings
"Legal sciences"
Constitutional and municipal lawCivil, business and contract lawCriminal law and criminalisticsLegal aspects of classification and standardizationRostrum of the young scientistCustoms and financial lawIssues of theory and history of lawContent, problems and trends in the development of public lawRelevant issues of private lawRelevant aspects of criminal law, criminal proceedings and criminalisticsLegal proceedings. Prosecutorial and human rights activitiesSpecific issues of law and law enforcementAll rubrics
All rubrics
Release: 2018-3 (17)
DOI: 10.21777/2587-9472-2018-3-38-40
Keywords: signs of a legal entity, corporate law, removal of a corporate veil, deliberate bankruptcy
Annotation: The article reveals the main characteristics of the principle of «refusal of features of a legal entity» applied by courts in South Korea, the principle is compared with the legal design of «the removal of corporate veils», common in a number of foreign countries, the opinion is expressed on the usefulness of applying this principle to arbitration courts of the Russian Federation.
To the question about the concept of corporations and corporate law in the russian legislation
Page:38-43
Release: 2018-2 (15)
DOI: 10.21777/2587-9472-2018-2-38-43
Keywords: Corporate law, Corporation, commercial entity, economic entity
Annotation: This article analyzes the relationship between the concepts of “corporate law” and “business law”, “commercial” and “commercial law” as well as the meaning of “corporate entity” in Russian law.
The problem of classification alternative dispute resolution
Page:43-45
Release: 2018-1 (14)
DOI: 10.21777/2587-9472-2018-1-43-45
Keywords: ADR, negotiations, mediation, conciliation, minitrial, private judging, classification
Annotation: The article discusses and analyzes the different classifications of alternative dispute resolution. The author identifies the advantages and disadvantages of each of the presented approaches. The author presents his own classification of ADR.
Legal essence of the credit agreement
Page:52-57
Release: 2018-4 (18)
DOI: 10.21777/2587-9472-2018-4-52-57
Keywords: loan, agreement, Bank, loan, lender, borrower, consumer lending
Annotation: The article deals with the peculiarities of regulation of banking activities in the field of consumer lending on the basis of the loan agreement. The existing legal framework in this sphere of activity is analyzed, the legitimacy of interaction between the creditor and the borrower is considered.
Corporate governance: legal aspects
Page:41-49
Release: 2018-3 (17)
DOI: 10.21777/2587-9472-2018-3-41-49
Keywords: corporate governance, corporate governance standard, corporate rules of conduct, “soft law”, self-regulation
Annotation: The article discusses approaches to the scientific and theoretical, legal and organizational-normative definition of corporate governance. Various points of view on the nature and essence of corporate governance are given, a generalized universal definition of corporate governance is formulated. The actual problems of legal and regulatory fixing of rules and standards in this area are revealed. It is noted that at the moment, along with the radical reform of corporate legislation, an active formation of “soft” (intra-firm) law is underway. The rules of “soft” internal corporate governance are enshrined in the statutes, standards, principles that have a recommendatory and not mandatory nature, which to some extent reduces the discipline of the administration and top managers of the company, reduces the degree of awareness, and guarantees and protection of investors, participants, members of corporations, in particular shareholders. In this regard, proposals are made for improving the regulatory framework for corporate governance and the development of corporate law.