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Organizational and legal autonomy of corporations

Student: Dronov Maksim

Supervisor: Sergey Nagikh

Faculty: Faculty of Law

Educational Programme: Law: Research Programme (Master)

Final Grade: 9

Year of Graduation: 2024

The purpose of this work is to analyze the history of development, prerequisites for the formation, legal regulation and legal realization in judicial and administrative-bureaucratic practice of organizational and legal autonomy of corporations as a certain degree of freedom of their establishment and independence of activity in the law of the Ancient Roman state, the early Byzantine Empire, feudal Europe, as well as France, Germany, Great Britain and the USA in the 18th century, 19th century, beginning of the 20th century. The relevance of the work is determined by the dynamism of the scope and content of organizational and legal autonomy in modern domestic law, as well as the fact that corporations as collective legal entities, in a number of significant works of legal theorists, are considered as important elements of the legal system. The author concludes that Roman law is characterized by underdevelopment of corporations, since the public authorities saw them as political threats, but in the Middle Ages, in the absence of a unified civic identity, the majority of the urban population was organized into corporations of various types, and membership in a corporation was a means of legitimizing the social status of an urban resident. The new Age is characterized by the emergence and flourishing of a new type of corporations based not on the personal qualities of their participants, but on the property contribution. In most States, these corporations have evolved from various commercial contractual forms (partnership agreements). The significant development of corporations in the 19th century led to economic concentration (monopolization). Already at the end of the 19th century, the United States was the first of the major powers to take the path of fighting monopolies. In Germany, monopolies were recognized in law in the form of concerns, but their activities were not associated with any negative consequences.

Full text (added May 15, 2024)

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