L.P. Krekhaleva, J.V. Fedonina Idea of Civil Law Regulation for Corporate Relations

Abstract: In the article the authors consider the problem of idea which lies behind civil–law regulation using one of the legislative innovations implemented within the limits of the Concept of development of the civil legislation as an example. In the first part of the article they look through the doctrine and judiciary practice of leading foreign jurisdictions, such as England, the USA and Switzerland, at the subject matter and qualification of shareholders agreements and draw an unfavorable conclusion that it is impossible to reveal any reasonable justification for the restrictions on the subject matter of the agreement established by the Russian legislator. The thesis is forwarded that the formalism in the issue in question should give way to the idea of legal regulation which contains apprehensions of rationality and justice and reflects the spirit of law. In the second part of the article subjects, terms and sanctions under the given agreement will be analyzed in the same context.

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