Laptev, V.A., Ekimenko, E.N. Corporate conflicts: causes of their appearance and means of protection

Abstract: The appearance of conflict situations in the corporate relations requires that a lawyer should find a norm of law, which would allow to solve the dispute (conflict). The methodological value of classification of corporate conflicts is that it allows to single out specific types of corporate conflict and to distinguish them from the other types. Classification of corporate conflicts (disputes) may be provided based on their object (disputes, related to the formation, reorganization and liquidation of a legal entity, the disputes regarding the ownership of stocks and shares in the charter capital of the economic partnerships and companies, disputes on the claims of founders, members, investors of a legal entity on compensation for the losses, etc. They may be provided based on the initiating subject of the corporate conflict (inner and outer), on the forms of their appearance or initiation (buy-in, or stripping of large packets of shares, blocking the rights of share-holders, participants or members to manage the corporation, etc.), or based on the subjects and character of the legal relations (disputes between the entity and the share-holders, or participants, disputes among the share-holders or participants, disputes between the main and affiliate companies, etc.). The understanding of classification of corporate conflicts may be useful in order to form the unitary practice of application of the corporate law norms by the arbitration courts and practicing lawyers. The analysis of objective and subjective causes for the formation of corporate conflicts allow to avoid them in many cases. The article also includes analysis of the methods of uncovering the corporate conflicts, namely the analysis of actions (lack of action), which allow to suppose that the conflict situation is arising.

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