Common property of a simple partnership as the basis of corporate management

Laptev, Vasily

doi:10.31857/S102694520029724-7

Home

Gosudarstvo i pravo

Common property of a simple partnership as the basis of corporate management

Annotation
References

Common property of a simple partnership as the basis of corporate management

PII

S102694520029724-7-1

DOI

10.31857/S102694520029724-7

Publication type

Article

Status

Approved

Authors

Vasily Laptev

Occupation: chief researcher
Affiliation: Institute of State and Law, Russian Academy of Sciences
Address: Moscow, Znamenka, 10

Abstract

As a result of the inclusion in the Civil Code of the Russian Federation of a simple partnership as a contractual form of an entrepreneurial association of an economic type in domestic jurisprudence, the need arose to comply with its legal status, including legal personality, as well as the legal regime during its general development and drawing up the foundations of entrepreneurial and other economic activities.

Purpose of the study: to establish the essential characteristics and features of the legal regime of general damage to a simple partnership. Objectives of the study: identifying certain types of common property; analysis of legislation and approaches to judicial practice on the issue under consideration; determining the role of general damage in the activities of a simple partnership.

Research methods. The work used theoretical (analysis and synthesis, including methods of system analysis) and empirical methods of scientific knowledge (observation, description). Scientific scientific methods are also used (formal-logical, historical-legal, legal comparative studies, hermen's and synergetic).

Results: national legislation establishes the legal regulation of the general damage regime of a simple partnership, the subsidiary application of the general provisions of constitutional legislation, which should not contradict the conditions and capital intended for the study of this property.

Keywords

property of a simple partnership; common property; corporate property; composition of common property; civil law community; allocation of a share in the property; management of common property

Received

21.01.2024

Number of characters

31834

GOST	Laptev V. Common property of a simple partnership as the basis of corporate management // Gosudarstvo i pravo URL: http://ras.jes.su/gp/s102694520029724-7-1-en (circulation date: 28.04.2024).
MLA	Laptev, Vasily "Common property of a simple partnership as the basis of corporate management." Gosudarstvo i pravo DOI: 10.31857/S102694520029724-7
APA	Laptev V. (). Common property of a simple partnership as the basis of corporate management. Gosudarstvo i pravo DOI: 10.31857/S102694520029724-7

100 rub.

When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

1. Andreev V.K. Organizational and legal forms of incorporating high technologies into industrial production // Lawyer. 2023. No. 9. pp. 35–40. (In Russ).

2. Civil law: textbook: in 3 volumes. Vol. 2. – 4th ed., revised. and additional / answer ed. A.P. Sergeev, Yu.K. Tolstoy. Moscow, Prospekt, 2005. (In Russ).

3. Domshenko (Chervets) E.I. Separating property without creating a legal entity. Just partnership and investment partnership // Bulletin of Count Law. 2021. No. 6. pp. 30–58. (In Russ).

4. Ershova I.V. Russian business law. Moscow, 2006. (In Russ).

5. Goreva A.A. The simple partnership agreement and its types: Russian law in a moderate legal aspect // Bulletin of civil law. 2020. No. 6. pp. 30–66. (In Russ).

6. Greshnikov I.P. Subjects of civil rights: legal entity in property rights and legislation. – St. Petersburg: Legal Center Press, 2002. (In Russ).

7. Kozlova N.V. Legal personality of a legal entity. Moscow, Statute, 2005. (In Russ).

8. Kozyarsky V.A. Legal status of a simple partnership in the Russian Federation and a civil partnership in Germany // Modern law. 2011. No. 8. pp. 43–47. (In Russ).

9. Laptev V.A. Business associations: holdings, financial and industrial groups, simple partnerships. – Moscow, Wolters Kluwer, 2008. (In Russ).

10. Laptev V.A. Civil law community in the corporate management system: tasks of the legislator and the realities of judicial practice // Bulletin of the Arbitration Court of the Moscow District. 2022. No. 4. pp. 46–57. (In Russ).

11. Laptev V.A. Corporate law: legal organization of corporate systems: monograph. Moscow, Prospekt, 2019. (In Russ).

12. Laptev V.A. Proposal and legal personality of a corporation in Russia and abroad // Bulletin of the University named after O.E. Kutafina (MSAL). 2016. No. 3(19). pp. 178-191. (In Russ).

13. Laptev V.V. Business law: ideas and subjects. Moscow, 1997. (In Russ).

14. Laptev V.V. Subjects of business law: textbook. allowance. Moscow, Yurist, 2003. (In Russ).

15. Lisitsa V.N. Investment law. Ministry of Education and Science of the Russian Federation; Novosibirsk national research state univ. Novosibirsk, 2015. (In Russ).

16. Modern business law / I.V. Ershova, L.V. Andreeva, N.G. Apresova [and others]. Moscow, Prospekt, 2014. (In Russ).

17. Shitkina I.S. Holdings: judicial and managerial aspects. Legislative and other regulations. Professional commentary from a candidate of legal sciences. Moscow, 2002. (In Russ).

18. Subjects of civil law. Moscow, IGP RAS, 2000. (In Russ).

19. Vitol E.Yu., Tyulyaev G.S. Relevance of the design of consortia for Russian law // Bulletin of graphic law. 2018. No. 1. pp. 50–85. (In Russ).