Legal Essence of the Corporate Contract

Abstract

The purpose of this study is to reveal the legal nature of a corporate contract as an institution of civil law. The study was conducted by analysing their content. The analysis of scientific research in this area has demonstrated different opinions in the doctrine on several issues arising in connection with the conclusion and execution of a corporate contract. In particular, there is no unified approach to understanding the legal nature of the corporate contract, the relationship between the corporate contract and the charter is not clear, and there are significant gaps in protecting participants' rights in the corporate contract. The study showed that the legal regulation of a corporate contract in Russian legislation is based on a dualistic approach, which led to the institutionalisation of a mixed model of a corporate contract, which has both binding and corporate elements. The author systematises the corporate contract features in common law countries and the Romano-German legal system based on comparative legal analysis.