Corporate Agreement as a Way to Manage a Corporation

Abstract

Using the methods of complex and system analysis in conjunction with other institutions of civil law, the author studies the issues of the concept, the legal nature of a corporate contract, its place in the system of contracts, the subject, subject composition. The author considers the corporate contract as a kind of a «norm-contract», which contains provisions regulating the activities of managing the affairs of the corporation. This, according to the author, brings him closer to the simple partnership agreement. The correlation of the corporate agreement with other corporate documents of an organizational nature is made. It is concluded that the charter of the corporation and the corporate contract have unequal legal force. In this connection, the author makes suggestions on changing the current legislation. Conducting a brief comparative analysis (method of comparative law) with the laws of some foreign countries, the author concludes that the provisions of the current Russian legislation on a corporate contract have more similar features with the institution of a corporate contract in countries with the continental legal system. The scientific novelty of the research lies in the study of the institution of a corporate contract, taking into account its organizational nature, as well as in the author's recommendations for improving legislation.