Abrosimov D.A. —
Legal nature of mergers and acquisitions: a comparative legal research
// Law and Politics. – 2020. – ¹ 7.
– P. 1 - 12.
DOI: 10.7256/2454-0706.2020.7.43346
URL: https://en.e-notabene.ru/lamag/article_43346.html
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Abstract: The subject of this article is the approaches towards legal nature of mergers and acquisitions. The goal consists in determination of the role of this phenomenon among the established within national legal system forms of organization of legal entities. Alongside the general scientific methods, the author also applies the methods of materialistic philosophy and formal logics, as well as interpretation and comparative jurisprudence. A conclusion is made that the characteristics of mergers and acquisitions exceptionally through the national forms of reorganization appears to be inadequate for determination of the role of this phenomenon. The article analyzes not only the doctrinal works, but also the provisions of foreign legislation that can be useful for the Russian Federation. Reference to the context of civil legal literature, as well as consideration of logical-philosophical, theoretical-legal and civil-legal representations allowed demonstrating an original view upon the subject in question, propose the grounds for substantiation or stipulation such construct. The main conclusion of the conducted research is the fact that the established in Russia understanding of reorganization cannot qualify for the methodological foundation for the more complete mergers and acquisitions. The analysis of foreign experience demonstrates that the common for Russia forms of reorganization can be regulated similarly to other phenomena, which has never been recognized as reorganization in Russia. The obtained results may be used in legislative and expert activity, as well as further theoretical and legal research.