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The main provisions of continental European model corporate contract

Artamkina Elena Valentinovna  (graduate student of the Federal State budgetary educational institution Higher Education "Kuban State University" )

In view of the existence of two major corporate contracts models (Anglo-American and continental European) is essential question is which way corporate contract regulation went the Russian legislator. For this purpose, in particular, it is necessary to highlight the main features of the continental European model of corporate contract, as is done in this article. The author refers to the regulations in Italy, Germany, Switzerland and France in order to determine the legal nature of the continental European model of corporate contract, explores the content of the contract, its members, established regulatory requirements for the form of the contract, as well as the obligation of public disclosure of the contract. Normative regulation of corporate contract is only available in Italy. In Germany, Switzerland and France corporate contracts concluded on the basis of common rules - principles of law such as freedom of contract, doctrine and jurisprudence. The conclusion is that in the Romano-Germanic legal system, corporate contract is not a corporate act, it is for the legal nature of Obligations.

Keywords:corporate agreement, shareholders' agreement, the disclosure of public order, civil contract, public society, non-public company.
 

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Citation link:
Artamkina E. V. The main provisions of continental European model corporate contract // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2016. -№08. -С. 58-62
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