THE IMPLEMENTATION OF THE PRINCIPLE OF COOPERATION OF CIVIL LAW SUBJECTS IN CORPORATE LEGAL RELATIONS

РЕАЛИЗАЦИЯ ПРИНЦИПА СОТРУДНИЧЕСТВА СУБЪЕКТОВ ГРАЖДАНСКОГО ПРАВА В КОРПОРАТИВНЫХ ПРАВООТНОШЕНИЯХ
A. A. Fedoseev
2022-01-01

activity cooperationcorporate legal relationsfiduciary dutiesinformation cooperationprinciple of cooperation
Abstract: the principle of cooperation of civil law subjects, traditionally referred to as the principles of the law of obligations, has a much deeper content, allowing it to extend its effect to other types of civil law relations. Corporate legal relations, based on a material relations consisting in the unification of efforts by civil law subjects to achieve a common goal – the effective functioning of the corporation – cannot exist in isolation from the idea of cooperation and mutual assistance of its participants. In the article, the author analyzes the content of the principle of cooperation of civil law subjects through the prism of the specifics of the content of corporate legal relations and the problems of its subject composition. As a result, the author comes to the conclusion that in a corporate legal relations, the principle of cooperation is implemented through the doctrine of fiduciary duties both in terms of the imperatives of the information cooperation group aimed at ensuring the awareness of members of the management bodies of the corporation and the activity cooperation group aimed at eliminating accidental obstacles to achieving the goal of the legal relations.
1
Corporate relations inherently depend on participants’ cooperation and mutual assistance to achieve effective corporate functioning.
2
In corporate relations, cooperation is implemented through fiduciary duties comprising information cooperation and activity cooperation.
3
Information cooperation ensures awareness among members of corporate management bodies, while activity cooperation removes accidental obstacles to achieving corporate objectives.
4
The principle of cooperation extends beyond obligations law and applies to corporate legal relations.
5
The principle’s application is shaped by the specific content of corporate relations and their complex subject composition.

corporate legal relations involving civil law subjects, including corporation participants and management bodies

implementation of the principle of cooperation through fiduciary duties, including information exchange and active assistance to achieve the corporation’s effective functioning

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2022-01-01
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A. A. Fedoseev
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