Место организационных отношений в предмете гражданско-правового регулирования
| Jazyk: | ruština |
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| Rok vydání: | 2014 |
| Předmět: | |
| Zdroj: | Вестник Томского государственного университета. Право. |
| ISSN: | 2311-3693 2225-3513 |
| Popis: | Статья посвящена анализу сущности организационных отношений, в результате которого становится возможным определить их место в предмете гражданского права. Организационные отношения характеризуются как самостоятельный элемент предмета гражданского права. The structure of the subject matter of Civil law has acquired an urgent character because recent changes in civil legislation have broadened the subject matter of civil legal regulation at the expense of corporate relations. The problem of the place of organizational relations in the subject matter of Civil law is a controversial one. A branch of law can regulate not only some basic, central relations in the subject, but other relations closely related to the basic ones albeit having a subsidiary, regulating and organizational character. Despite the fact that the main bulk of organizational relations form the subject matter of Administrative law, organizational relations are also regulated by other branches of law including the rules of Civil law. However, according to current civil legislation the subject matter of its regulation includes three groups of relations (property, personal and corporate) but there is no place for organizational relations within it. Organizational relations are not identical to either property or personal nonproperty ones. They differ from property relations by their non-property character of rights and duties. In contrast to property relations, organizational ones are not characterized by links with means of production or manufactured products. Some definite property elements can often be found in organizational relations but they are not key elements. Links with property in organizational relations have an indirect character conditioned by close connection of organizational relations with property ones. Unlike absolute personal non-property relations, organizational relations are relative and don’t have close links with the personalities of participants in the relations. In Item 1, Article 1 of the Civil Code of the Russian Federation corporate relations are defined as relations connected with the participation in corporative organizations or in their running. That is the basic right of the corporation participants the right to be involved in the corporation business and to run it. This right forms the basis of corporate relations. Nevertheless, the above right has an organizational character because is directed at the coordination of actions of the participants of a corporation and at the determination and ordering of the corporation itself that is at the organization of the activities of the corporation and its members. The content of organizational relations doesn’t cover only corporate relations. The proportion of relations resulting from different civil legal contracts (organizational contractual relations) in organizational relations is rather high. Organizational relations represent a separate group of relations combining pre-contractual, organizational contractual and corporate relations. All three types of organizational relations can contain property elements which don’t derogate their organizational essence. Thus, organizational relations embrace what is both mentioned and not mentioned in Article 2 of the Civil Code of the Russian Federation relations. |
| Databáze: | OpenAIRE |
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