Enterprise as a Civil Turnover Object

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Abstract

The article is devoted to the consideration of the peculiarities of legal regulation of legal relations with such an object of rights as an enterprise. It is noted that initially the enterprise arose as an economic category. After the need to involve it in civil circulation arose, the company became a legal category reflecting the object of rights. The heterogeneity of the legal structure of the enterprise, the presence of special requirements for its registration and the contract of sale of the enterprise restrain its active use in civil circulation. The author draws attention to the insufficiency of the existing legal guarantees for the buyer of the enterprise, ensuring its further use in entrepreneurial activity. The need to develop criteria for determining the composition of the enterprise allows the buyer to protect his rights in the event of an accidental pass or intentional silence about objects without which the operation of the enterprise is less efficient, difficult or even impossible.

About the authors

Olga V. Protopopova

Peoples’ Friendship University of Russia (RUDN University)

Email: oprotopopova@yandex.ru
Cand. Sci. (Law), Associate Professor of Civil Law of the Department of Civil Law and Process and International Private Law of the Law Institute Moscow, Russian Federation

Andrey V. Pahomov

Peoples’ Friendship University of Russia (RUDN University)

Email: pavlin-82@mail.ru
Student of master’s degree of the Department of civil law, proceedings and international private law of the Law Institute Moscow, Russian Federation

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