List of publications on a keyword: «философские методы»
-
Sdelki s zainteresovannost'iu: metodologicheskie aspekty grazhdansko-pravovogo regulirovaniia
Book Chapter
Economics and Law- Authors:
- Tatiana A. Riaguzova, Dmitrii A. Savchenko
- Work direction:
- Глава 10
- Abstract:
- The article presents the results of a methodological analysis of the norms of Russian civil law governing relations related to transactions in which there is an interest related to interested-party transactions). The evolution of the corresponding legal institution and the main factors that influenced it are investigated, and the interrelationships of the subject under study with other phenomena are revealed. Using the formal-dogmatic method based on metaphysical approaches, the provisions of the current Russian legislation on interested-party transactions are studied. The studied transactions are analyzed from the point of view of subject-object relations, the conflicts and contradictions generated by such transactions are revealed. Understanding the identified relationships allowed us to define a transaction with an interest as an action of an organization (legal entity) committed in the context of a subjective conflict, aimed at establishing, changing or terminating its civil rights and obligations, which creates the probability (danger) of causing damage to this organization due to the possible personal interest of its management entities in obtaining results that do not correspond to the interests of the legal entity. Such a risk arises from the organizational, family or other personal connection of management entities with other citizens and organizations (parties or beneficiaries of this transaction) and causes the need to apply special anti-corruption remedies to protect the interests of a legal entity, as well as other private and public interests.
- Keywords:
- corruption, conflicts, civil law, philosophical methods, interests, interested-party transactions, protection of the economy