scholarly journals Gaps and analogies in the formation of registered capital of limited liability and joint-stock companies

2021 ◽  
Vol 39 (69) ◽  
pp. 237-260
Author(s):  
Viktor Mikryukov
Keyword(s):  
Social Capital ◽  
Civil Law ◽  
Limited Liability ◽  
Legal Regulation ◽  
Capital Formation ◽  
Research Tool ◽  
Regulatory Structure ◽  
Share Capital ◽  
Analogy Method ◽  
Analysis And Synthesis

The aim of the research is to analyses and, using analogy, to examine exhaustively the areas of legal uncertainty in the mechanism of social capital formation of commercial entities, while at the same time checking the coherence of the statutory analogy and the analogy in law as a universal means of protecting and combating gaps in the business sphere. A combination of general logical methods of analysis and synthesis, induction and deduction, comparison and generalization, characteristic of works dealing with civil law, were applied. At the same time, the analogy method was used as a research tool and as a research tool. The conclusions of the work include the identification of specific gaps in the legal regulation of the procedure, methods, and terms of payment of share capital, the identification of ways to overcome these gaps casually and the formulation of proposals for the legislative updating of the regulatory structure of the share capital of commercial companies.

scholarly journals The Division of Jointly Acquired Property of Deceased Spouses in the Event of the Death of One of Them: The Legal Regulation and Law Enforcement Practice

Legal Concept ◽  
2021 ◽  
pp. 105-112
Author(s):  
Yanina Kail ◽  
◽  
Victoria Usanova ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Legal System ◽  
Family Law ◽  
Current System ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Cognition ◽  
Analysis And Synthesis ◽  
Joint Property

Introduction: the study of the division of jointly acquired property of spouses and inheritance of property has always been given special attention by the scientists and practitioners. Quite a lot of works are devoted to this area of legal relations. However, it is not so variable and depends on the intricacies of life that there are constantly many issues that require special research and improvement of the legal regulation. The division of jointly acquired property by the spouses at the dissolution of the marriage is regulated by the norms of family law, as well as civil law in the event of the death of one of the former spouses, who do not fully correspond to each other. In this regard, today citizens often face the problems of protecting their property rights. The purpose of the research: to reveal some aspects of the legal regulation and law enforcement practice of protecting the rights of former spouses in the division of jointly acquired property in the event of the death of one of them, and to offer suggestions to help improve the relevant rules. Methods: the methods of scientific cognition are applied together, among which the main ones are the formal-legal, system methods, analysis and synthesis. Results: it is proved that the current system of the legal regulation of division of joint property of the former spouses in the event of the death of one of them requires the improvement of the legal regulation, as laid down in the legislation, the protection of property rights is quite long and expensive, which leads to the futility of efforts. Conclusions: the law enforcement practice of protecting the property rights of former spouses in the division of jointly acquired property should be recognized as generally conforming to the established norms of law. However, the lack of the clear legal regulation of the criteria and conditions for the division of jointly acquired property in the event of opening of an inheritance after the former spouse before the expiration of the threeyear statute of limitations, leads to the situations where 2 spouses will claim the inheritance – the former and the present. This situation leads to costly conflicts that are resolved in court.

scholarly journals Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

2020 ◽  
Vol 13 (2) ◽  
pp. 26
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Economic Activity ◽  
Civil Law ◽  
Legal Regulation ◽  
Wide Spread ◽  
Regulatory Structure ◽  
Legal Regime ◽  
Legal Definition ◽  
Material Goods ◽  
Definition Of ◽  
Object Of Study

The study is relevant, as multi-variant rental relationships are wide-spread, requiring a seamless legal definition of the key elements of the lease design. The aim is to identify and, by analogy, comprehensively develop the legal regime of problematic and atypical leases, thus strengthening the doctrinal basis for filling legal gaps in the practice of applying civil law by analogy. Combined with special technical-legal and comparative-legal methodological tools, the article applied general logical methods of analysis, synthesis, induction, deduction, comparison and generalization. This research is peculiar in that the method of analogy acted simultaneously as a means, and as an object of study. Specific gaps in the legal definition of the list and properties of present and future things and their parts as admissible lease facilities were identified; a practical idea to improve the regulatory structure of the lease arrangement was formulated. The work helps to achieve greater contractual freedom and variability of economic activity, promotes the involvement of a greater number of material goods in the property turnover, at the same time helping to unlock the potential of the analogy method in the legal regulation of economic activity.

scholarly journals CIVIL LAW REGULATION OF BANKRUPTCY (INSOLVENCY) OF A LEGAL ENTITY: CURRENT STATE OF RESEARCH

2021 ◽  
Vol 2 (53) ◽  
pp. 152-157
Author(s):  
 O.A. Maksimova ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Systematic Research ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
Market Management ◽  
State Of Research ◽  
Science Methodology ◽  
Law Regulation ◽  
Legal Entities

Subject. Problems of civil law regulation of bankruptcy of a legal entity in the conditions of market management in the Russian Federation. Topic. Civil law regulation of bankruptcy (insolvency of a legal entity: a modern research context. Goals. Identification of the state of research on the problem of legal regulation of the bankruptcy procedure of a legal entity in modern Russian civil law science. Methodology. The research uses general scientific methods of information analysis and synthesis, as well as the civil law method. Results. The main thematic areas of civil law research on the problem of legal regulation of bankruptcy of legal entities are identified and the results of comparative studies in the context of the regulation of their insolvency are evaluated. Scope of application. Scope of civil law regulation of bankruptcy (insolvency) of legal entities. Conclusions. The analysis of the degree of development of the problem of insolvency (bankruptcy) of legal entities in civil law science has shown the lack of systematic research. It can be stated that the contribution of civil law to the solution of the current problems of insolvency (bankruptcy) of legal entities in the last few years is scanty. Keywords: civil law, legal regulation, insolvency (bankruptcy), legal entities

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

scholarly journals Innovations and Analogies in the Legal Regulation of Withdrawal from a Limited Liability Company under Current Russian Law

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Fair Value ◽  
Legal Regulation ◽  
Business Climate ◽  
Positive Role ◽  
Freedom Of Contract ◽  
Study Find ◽  
Russian Law

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.

Social Capital Formation across Space

2013 ◽  
Vol 36 (3) ◽  
pp. 296-321 ◽  
Author(s):  
Giorgio Fazio ◽  
Luciano Lavecchia
Keyword(s):  
Social Capital ◽  
Capital Formation

Social capital formation and local capture in decentralization

2009 ◽  
Vol 9 (1) ◽  
pp. 63-79 ◽  
Author(s):  
Akiko Abe
Keyword(s):  
Social Capital ◽  
Civil Society ◽  
Analytical Framework ◽  
Capital Formation ◽  
Social Knowledge ◽  
Alternative Communication ◽  
Local Leadership ◽  
Using Data ◽  
Communication Methods ◽  
Local Capture

This article traces the roots of social capital formation in Zambézia, Mozambique, using data from the fieldwork and introducing the analytical framework of social knowledge, and examines the issues of decentralization in societies with low stocks of social capital. The case of Zambézia suggests that traditions of collective action for common goods and good local leadership can be a key to enhance stocks of social capital. To overcome inequality and the so-called local capture problems in societies with low stocks of social capital, alternative communication methods, public-civil society partnership and more intensified allocation of researchers in the field are recommended.

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