Common property of a simple partnership as the basis of corporate management

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Abstract

As a result of the inclusion in the Civil Code of the Russian Federation of a simple partnership as a contractual form of an entrepreneurial association of an economic type in domestic jurisprudence, the need arose to comply with its legal status, including legal personality, as well as the legal regime during its general development and drawing up the foundations of entrepreneurial and other economic activities. Purpose of the study: to establish the essential characteristics and features of the legal regime of general damage to a simple partnership. Objectives of the study: identifying certain types of common property; analysis of legislation and approaches to judicial practice on the issue under consideration; determining the role of general damage in the activities of a simple partnership. Research methods. The work used theoretical (analysis and synthesis, including methods of system analysis) and empirical methods of scientific knowledge (observation, description). Scientific methods are also used (formal-logical, historical-legal, legal comparative studies, hermen’s and synergetic). Results: national legislation establishes the legal regulation of the general damage regime of a simple partnership, the subsidiary application of the general provisions of constitutional legislation, which should not contradict the conditions and capital intended for the study of this property.

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About the authors

Vasily A. Laptev

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: laptev.va@gmail.com

Doctor of Law, Chief Researcher, Institute of State and Law

Russian Federation, Moscow

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