FORM OF AGREEMENTS ON ESTABLISHMENT OF PHYSICAL AND LEGAL PERSONS ASSOCIATIONS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
On the basis of analysis of current legislation of Ukraine and its application the issues of form of agreements on the establishment of physical and legal persons associations have been investigated. The agreement is a legal tool designed to regulate relations between the parties to civilian traffic for coordination and consideration of the interests of each of its particapants. The agreement is a form of exercising the right of individuals and entities on the association. Agreement on the establishment of physical and legal persons associations is recognized the contract between two or more individuals and entities aimed at the establishment, modification or termination of civil rights and obligations concerning the establishment of contractual forms of association for profit or achievement the other legitimate purpose. As a result of the conclusion, the agreement gives the reached between parties consensus the mandatory legal force, the possibility of any of them to require the performance voluntarily or compulsorily, as well as compensation of the breach losses. The agreement is concluded, if the parties in due form have agreed on all of its essential terms. The agreement can be concluded in any form if the requirements for the form of the contract have not been provided by law. If the parties have agreed to conclude an agreement in some form, it is concluded after giving to it this form, even if this form for such type of agreements is not required by law. As a general rule, agreements on the establishment of associations of physical and legal persons associations are concluded in writing. Nevertheless, for certain types of cases and their conclusion (for example, constituent agreements, partnership if the real estate serves as deposit, etc.), it is appropriate to establish specific requirements to the form. According to the survey the own opinion in improving the legislation of Ukraine in this sphere has been expressed.
Authors and Affiliations
Ю. М. Юркевич
Keywords
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