SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2021. 1

The editors received this article 14.06.2020


The Influence of the Features of Legal Families on the Properties of the Corporate Regulatory System

Author(s)
Druzhinin Gleb Viktorovich
Abstract
The paper investigates the issue of the peculiarities of the corporate regulatory system in the Romano-Germanic and Anglo-Saxon legal family. The structure of social regulation is described, which is represented by such elements as corporate-regulatory, legal, traditional, religious, moral and ethical subsystems. It is noted that at the heart of each subsystem there is a social norm, which is a system-forming element of the subsystem. The definition of the corporate regulatory system has been formulated, according to which this definition is understood as a set of internally coordinated and interrelated phenomena operating in society and having a regulatory, organizing and stabilizing effect on corporate social relations, the behavior of participants in corporate relations, as well as the activities of corporate organizations. It is indicated that the influence of the legal family on the corporate regulatory system is manifested, firstly, in the peculiarities of corporate regulation, and secondly, in the peculiarities of corporate organizations, at the stages of establishment and functioning. The concept of a legal family is analyzed, a set of national legal systems united by a common historical formation, structure, sources, leading branches and legal institutions, law enforcement, conceptual and categorical apparatus of legal science. It has been established that for countries belonging to the Romano-Germanic legal family, in the corporate-regulatory subsystem, the influence of the legal family is expressed in the primacy of legal regulation over corporate regulation, a high degree of state interference in internal corporate regulation issues, as by consolidating peremptory norms, the inclusion of which in corporate bylaws are mandatory and model bylaws. It was revealed that in the countries of the Anglo-Saxon legal family, there is a high degree of autonomy of corporate organizations, while the leading role in corporate regulation is played by contractual mechanisms, historically the corporation was considered as a pooling of capital.
Keywords
social regulatory system, corporate regulatory system, corporate norm, civil law family, common law family, socialist law family
About the Authors
Druzhinin Gleb Viktorovich – Lecturer of the Department of State and Municipal Administration, Institute of Social Sciences, Irkutsk State University (1, Karl Marx, Irkutsk, 664003, Russian Federation), e-mail: druzhinin93@mail.ru
For citation
Druzhinin G. V. Osobennosti korporativno-normativnoj sistemy v romano-germanskoj i anglosaksonskoj pravovyh sem'yah [The Influence of the Features of Legal Families on the Properties of the Corporate Regulatory System] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2021, no 1(92), pp. 3–7. DOI 10.26516/2071-8136.2021.1.3. (in Russian).
UDC
340.16
EDN
DTQKJA
DOI
https://doi.org/10.26516/2071-8136.2021.1.3
References
1. Alekseev S.S. Pravo: azbuka-teoriya - filosofiya: Opyt kompleksnogo analiza [Law: ABC-Theory-Philosophy: Experience in Complex Analysis]. Moscow, 1999, 712 p. (in Russian)

2. Alekseev S.S. Liniya prava [Line of law]. Moscow, 2006. 461 p. (in Russian)

3. Bogdanovskaya I.YU. Statut v anglijskom prave [Statute in English law]: avtoref. dis. ... cand. Jurid. sciences. Moscow, 1983, 25 p. (in Russian)

4. Zenina O.G. Optimizaciya procedur registracii yuridicheskih lic i individual'nyh predprinimatelej (opyt Germanii, Velikobritanii i Rossii) [Optimization of registration procedures for legal entities and individual entrepreneurs (experience of Germany, Great Britain and Russia)]. Vestnik CHelyabinskogo gosudarstvennogo universiteta [Bulletin of the Chelyabinsk state University], 2013, vol. 11 (302), pp. 36-38. (in Russian)

5. Ivanova E.Yu. Soglashenie o poryadke golosovaniya v obshchestvah s ogranichennoj otvetstvennostyu: predely svobody dogovora v sravnitelno- pravovom aspekte [Agreement on voting procedure in limited liability companies: limits of freedom of contract in the comparative legal aspect]. Moscow, M-Logos, 2020, 462 p. (in Russian)

6. Kamalova G.T. Ideologicheskie osnovy stanovleniya sovetskoj modeli pravoohranitelnoj sistemy (1921-1929 gg.) [The ideological foundations of the formation of the Soviet model of law enforcement system (1921-1929)]. Vestnik of Tomsk State University. 2009, vol. 320, pp. 109-112. (in Russian)

7. Saidov A.H. Sravnitel'noe pravovedenie [Comparative Law]. Moscow, YUrist, 2000, 441 p. (in Russian)

8. Cherdancev A.F. Teoriya gosudarstva i prava [Theory of State and Law]. Moscow, Yurajt, 1999, 432 p. (in Russian)

9. Chumak N.,Rybynok N. Vvedenie v anglijskoe pravo [Introduction to English Law]. Peterburgskijyurist. [Petersburg lawyer], 2014, vol. 1, pp. 140-148. (in Russian)

10. Hicks A., Goo S.H. Cases and Materials on Company Law. Oxford University Press. 6th ed. 2011.

11. Pettet B. Company Law. 2nd ed. 2005.

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