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Partnership agreement: theoretical and practical issues

Student: Ilia Kiselev

Supervisor: Andrey Gromov

Faculty: Faculty of Law

Educational Programme: Corporate and Private International Law (Master)

Year of Graduation: 2024

This paper is devoted to the problem issues related to the institute of the partnership agreement. This research is divided into two key chapters. Within the framework of the first chapter the author analyses general theoretical issues related to the identification of the legal nature of the partnership agreement, and explores some problematic issues related to the constitutive elements of this contract. Within the framework of the second chapter the author analyses the problematic issues related to the possibility of concluding a partnership agreement on the model of societas leonina, as well as analyses certain problematic issues related to the assignment of rights arising from the partnership agreement. As a result of the conducted research the author comes to the conclusion that many legal views, which at the moment have already been formed by the Russian law and order do not correspond to the modern economic needs and require a radical rethinking. In order to find the most relevant approaches, the author of this research analyses the approaches developed in foreign legal orders, where similar problems have been discussed for several centuries.

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