PERFORMANCE OF CORPORATE CONTRACTS

Abstract

The author of the article has analyzed problematic issues that arise in the process of performing corporate contracts; has considered the principles of fulfilling obligations, measures of responsibility in regard to the violation of such contracts; has analyzed the methods of ensuring the fulfillment of obligations related to corporate contracts. On the basis of the conducted research the author has made the following conclusions: 1) a definition of the concept of “performance of corporate contracts” has been offered. It should be understood as the obligation of a party to a corporate contract to realize own rights in a certain manner and (or) to refrain from their realization by performing agreed actions based on good faith, justice and reasonableness; 2) it has been proved that the absence of such a measure of responsibility as compensation in the new Law on Stock Corporations, which is a specific way of protecting the rights of the parties to a corporate contract, acts as a guarantee for proper performance of the contract and which effectively operates in practice in other countries, is a regressive step in the development of corporate legislation and needs immediate elimination of this shortcoming in the latest corporate legislation; 3) it has been argued that the national legislation provides insufficient mechanisms for the protection of negative obligations; the ways of eliminating this shortcoming have been offered; 4) it has been substantiated that the corporate contract is an agreement containing both positive and negative obligations, that is, it is a complex obligation by its structure, where obligations