Preview

RSUH/RGGU BULLETIN. Series Economics. Management. Law

Advanced search

Tovarischestvo in Russia and partnership in the West. Judicial aspect

https://doi.org/10.28995/2073-6304-2018-1-104-113

Abstract

The article is devoted to the structure of legal relations in the process of business interactions. The author offers to consider Russian and Western models of business relationships, which might be defined as tovarischestvo in Russia and partnership in the West. With that he makes an attempt to critically analyze both phenomena. Thus, having analyzed Western jurisprudence, the author comes to the conclusion that partnership does not always mean trust free from competition. And Russian law on tovarischestvo ignores the principles according to which the relationship between its members should be built. Having provided their comparative analysis he comes to the conclusion that Russia's reception of Western business experience is likely to lead to a number of risks that require systematic and inter-disciplinary analysis aimed at working out a corresponding method of their prevention, detection and/or neutralization.

About the Author

Boris A. Antonov
Russian State University for the Humanities
Russian Federation

LLM, associate professor.

Bld. 6, Miusskaya sq., Moscow, GSP-3, 125993



References

1. Casenote Legal Briefs. Business organizations, keyed to Courses Using, Hamilton, Macey, and Moll's Cases and Materials on Corporations, Including Partnerships and Limited Liability Companies.11th ed. Wolter Kluwer, 2012.

2. Aglamazova VV. The Conception of fiduciary relations and the possibility of its application in the corporate law of Russia. [Internet] URL: http://www.law.edu.ru/script/matredirect.asp?matID=1532828. (data obrashcheniya: 5.5.2018) (In Russ.)

3. Burnham W. Legal System of the United States. 3d ed. Moscow: Novaya yustitsiya Publ.; 2006. 1216 p. (In Russ.)

4. Labour code of Russia, ed. of Federal Laws of 30.06.2006, № 90-Federal law, 05.05.2014 № 116-Federal law.

5. The Code of Labor Laws of the RSFSR of 1972.

6. The Civil Code of the RSFSR of 1922.

7. Civil Code of Russia of 1994, ed. 29.12.2017 (revised and enlarged, with effect of 01.09.2018).


Review

For citations:


Antonov B.A. Tovarischestvo in Russia and partnership in the West. Judicial aspect. RSUH/RGGU BULLETIN. Series Economics. Management. Law. 2018;(1):104-113. (In Russ.) https://doi.org/10.28995/2073-6304-2018-1-104-113

Views: 313


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2073-6304 (Print)