商业公司成员法人权利的实现形式:历史、当前矛盾与发展前景

Ilya A. Samoilov
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引用次数: 0

摘要

本文的研究目的是找出当前公司立法的基本原则是在工业型经济发展的发展过程中制定的规范与后工业型经济积极发展的当前阶段之间的差异所产生的问题。研究的主题是商业法人,首先是商业实体中成员法人权利的实现形式。本研究采用了以下科学的分析方法:对经济发展因素(活动类型、活动规模、重要资源)对公司成员行使公司权利形式的影响进行历史分析;对公司权利的现代实现形式与现代经济发展阶段后工业类型公司成员利益体系的对应关系进行分析。研究成果。在传统的工业型经济中,主要的重要资源是非流动有形资产和流动资产。如今,它们的成本估算决定了公司股权的数量。在后工业经济中,非流动无形资产成为主要的重要资源;在很多情况下,他们的评价似乎是有问题的。研究揭示了后工业企业中成员公司权利的现代实现形式与成员作为创新资源(思想、专业知识等)载体的利益体系不一致的问题。研究成果的实际实施以建议和建议的形式实现,这些建议和建议既可以应用于完善公司立法领域,也可以应用于商业公司活动的法律支持领域。除其他事项外,还从公司权利的实施方面对公司立法的发展趋势进行了预测。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Forms of implementation of corporate rights of the members of commercial corporations: history, current contradictions and development prospects
The purpose of the study is to identify problems arising from the discrepancy between the norms of the current corporate legislation, whose basic principles were laid down during the development of the industrial type of economic development, and the current stage, characterized by the active development of the post-industrial type of economy. The subject of the study is the forms of realization of the corporate rights of members in commercial corporations, and, above all, business entities. The research employs the following scientific methods of analysis: historical analysis of the influence of economic development factors (types of activity, scale of activity, significant resources) on the forms of exercising corporate rights of corporation members and analysis of correspondence of modern forms of realization of corporate rights to the system of interests of the members of post-industrial types of corporations at the modern stage of economic development. The research results. In the traditional economy of the industrial type, the main significant resource is non-current tangible and current assets. Today their cost estimate determines the volume of corporate rights. In the post-industrial economy, non-current intangible assets become the main significant resource; their evaluation seems to be problematic in a significant number of cases. The research reveals the problems of inconsistency of modern forms of realization of corporate rights of members in the post-industrial corporations with the system of interests of members - carriers of a creative resource (ideas, professional knowledge, etc.) - in such corporations. Practical implementation of the research outcome is realized in suggestions and recommendations that can be applied both in the field of improving corporate legislation and legal support of commercial corporations’ activities. Among other things, a forecast of trends in the development of corporate legislation in terms of implementation of corporate rights has been worked out.
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