Понятие и природа членских отношений

Государство и право. 2019. № 6. С. 113–117.

Tsepov G.

By methods of transaction costs and contract corporation theory the article studies the nature of membership relationships. The structure of corporation – legal entity is regarded as the instrument of information transfer making it possible to reduce the costs of economic interaction through optimization of organizational relationships. Instead of multiple interconnections between the members of a non-corporate society within a corporation functioning as communication centre, legally relevant relationships (relationships of membership) are established between the participants and the legal entity.

Membership relationships, being the kind of corporate relationships, are reduced neither to proprietary nor contractual relationships. Unlike contractual relationships, membership relationships are of organizing importance for the corporation. They are formed when establishing and are terminated when closing the corporation as a legal entity. A corporation as a legal entity cannot exist without membership relationships. In contrast, within contractual relationships their parties do not cease their existence as civil society actors through the termination of the obligation. Furthermore, membership relationships are not fully specified, their incompleteness is filled by decisions of the administration. Within membership relationships a corporation cannot possess power over its members.

Membership relationships can be seen as civil institutional relationships being property relationships in a broad sense.

Keywords: информация, корпорация, corporation, information, корпоративные отношения, организационные отношения, membership relationship, civil institutional relationships, participation rights, членские отношения, права участия