UDC 347.9:346.91

DOI 10.37749/2308-9636-2023-8(248)-7

V. Hevko,

postgraduate student at the Research Institute

private law and entrepreneurship

named after Academician F. G. Burchak, National Academy of Sciences of Ukraine,

Judge of the Commercial Court of Ternopil Region

 

FROM AHIST LAW AS AN ELEMENT IN THE STRUCTURE OF SUBJECTIVE CORPORATE LAW OF A PERSON

The article is devoted to the study of the content of subjective corporate law, its structure, in particular the place of such an element of subjective corporate law as the protection of law.

The author states that the current legislation does not contain a clear definition of whether the right to protection is a component of subjective corporate law or is an independent subjective right of an individual. At the same time, among representatives of legal science, there are different approaches to understanding this issue, in particular, there are at least three positions according to which the essence of the right to protection is considered differently.

The paper also notes that the right to protection of corporate rights arises not only on the grounds of violation of the right, but also in the event of its non-recognition or challenge.

Keywords: subjective legal right, subjective civil right, subjective corporate right, right to protection, violation of corporate law, non-recognition of corporate law, challenge of corporate law.

 

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