从信义法律关系和公正、良心、合理、忠诚原则看公司法中的信义义务原则

H. Urazova
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引用次数: 0

摘要

时事性。该研究的相关性在于,在民事研究中缺乏一种理解信义法律关系的单一方法,这阻碍了对信义义务原则本质的揭示;对“信义义务”概念分析不足,无法确定信义法律关系主体所产生的义务的内容;信义义务原则的本质不明确,阻碍了信义义务原则在民事法律关系规制、信义义务人的追诉等方面的充分适用。本文旨在以公司法为例,通过信义法律关系和民法原则的棱镜,揭示信义义务原则的本质,特别是正义、诚实信用、合理忠诚原则。研究方法。在研究这个问题时采用了多种方法。理论和方法基础是辩证的、历史的和比较的方法,在这些方法的帮助下,研究了乌克兰和外国信义义务学说的形成、发展和应用过程,并开发了这一学说的复杂概念和分类机构。采用了分析、综合、逻辑概括、科学抽象、形式逻辑等方法。使用分类方法,确定了信义职责组。理论概括的方法使确立具有信义义务的主体成为可能。分析了信义法律关系及其与信义义务原则的关系,以及信义义务在罗马-日耳曼法系和英美法系中的作用机制;法律规范解释的特殊法律方法,界定了信义法律关系学说的功能和发展的概念原则,以及信义法律关系学说在司法实践中的具体实施方向;对公司法中有关信义义务的现行立法规范、最高法院实践中信义义务原则的适用进行了调查;确定了信义义务说的构成要素:信义法律关系、信义权力、信义义务、公正原则、诚实信用原则、合理原则和忠诚原则;揭示了公司法信义义务原则的本质。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Doctrine of Fiduciary Obligations in Corporate Law Through the Prism of Fiduciary Legal Relations and the Principles of Justice, Conscience, Reasonableness and Loyalty
Topicality. The relevance of the study is due to the lack of a single approach to understanding fiduciary legal relations in civil studies, which prevents the disclosure of the essence of the doctrine of fiduciary duties; insufficient analysis of the concept of "fiduciary duties", which makes it impossible to determine the content of duties arising from the subject of fiduciary legal relations; the lack of clarification of the essence of the doctrine of fiduciary duties, which prevents its full application to the regulation of civil legal relations, the prosecution of persons who have fiduciary duties. The purpose of the article is to reveal the essence of the doctrine of fiduciary duties through the prism of fiduciary legal relations and the principles of civil law, in particular, justice, good faith, reasonableness and loyalty, using the example of corporate law. Research methods. A complex of methods was used in the study of the problem. The theoretical and methodological basis is dialectical, historical and comparative methods, with the help of which the processes of formation, development and application of the doctrine of fiduciary duties in Ukraine and foreign countries were investigated and a complex conceptual and categorical apparatus of this doctrine was developed. Methods of analysis, synthesis, logical generalization, scientific abstraction, and formal-logical methods were used. Using the classification method, groups of fiduciary duties were identified. The method of theoretical generalization made it possible to establish subjects that have fiduciary duties. Results. An analysis of fiduciary legal relations, their relationship with the doctrine of fiduciary duties, the mechanism of functioning of the latter in the Romano-Germanic and Anglo-American legal systems was carried out; special legal methods of interpretation of legal norms, with the help of which the conceptual principles of the functioning and development of the doctrine of fiduciary legal relations, as well as the directions of its practical implementation in judicial practice, are defined; the norms of the current legislation relating to fiduciary duty in corporate law, the application of the doctrine of fiduciary duty in the practice of the Supreme Court were investigated; the components of the doctrine of fiduciary duties are defined: fiduciary legal relations, fiduciary powers, fiduciary duties, principles of justice, good faith, reasonableness and loyalty; the essence of the doctrine of fiduciary duties in corporate law is revealed.
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