Historical And Legal Preconditions Of The Development For The Concept Of A Corporate Agreement


  • M.M. Syhydyn


corporate rights, corporate transactions, corporate agreement, model statute.


The purpose of the article is to discover and to analyze the most important historical and legal preconditions of the appearance and development of the concept of a corporate agreement and to determine the main periods of this development.

Conclusions of the research. As the conclusion we must admit that it has become possible toidentify the mainperiods in the development of domestic corporate law regarding the creation of conditions for the conclusion ofa corporate contract:

  • Period 1-1991-2003- The beginning of the development of the corporatelaw inUkraine; lack of a unified approach to understanding of corporate transactions; No legal regulation conceming making corporate transactions at the legislative level;
  • Period II-2003-2008-The adoption of the Commercial Code of Ukraine made possible to fix the notion of corporate rights for the first time jan approximation for the powers that constitute the corporate rights(article. 167CCof Ukraine);
  • Period IIl-2008 to today-The adoption ofthe Law o fUkraine»On Joint Stock Companies» for the first time provides the possibility to make share holder’sagr , eements(article. 29 of the Act), other contractual structures arising from the owner ship of corporate rights; active development of research on understanding the concept of «corporate contract»and the possibility of its making in Ukraine.