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Создает ли корпорация право? Внешнее корпоративное регулирование как правовой феномен
The article initiates discussion of the problem of legal nature of corporate acts that are addressed to govern relations of a corporation with its external stakeholders. The following thesis is being put forward: outgoing corporate regulation is a normative and legal phenomenon.
To support her thesis the author commences with a summary of scholarly positions on the issue of legal nature of corporate acts (in part 1), then proceeds with an analysis of normativity of nonstate regulation (in the form of external corporate regulation) (in part 2) and, from perspectives of polar legal schools, assesses the possibility of attribution to corporate acts (in a broad sense) of the force of legal acts.
Based on the results of the research a conclusion is made that corporate regulation which addresses persons external to the corporation may be considered as normative and legal media in certain circumstances.
The article outlines directions for further scientific research in the sphere of corporate regulation of private legal relations.