| Abstract [eng] |
The work is concentrated on an important topic, which covers sphere of broad civil legal relations. It should be noted that the paper does not deal with issues related to public law in any extent and it does not cover every single obligation of legal person’s member and related issues, as well as an abundance of duties and the discussion of each requires a detailed analysis, however the scope of the research limits this possibility to a certain extent. It is important to mention the fact that this work expresses the author's opinion on the most important obligations of the legal person’s member, current regulation and the application of the law, the defects of present regulation, making proposals for possible solutions to the issues unveiled. Taking into account the fact that it is being discussed the concepts of member of legal person and legal obligation in accordance with clarity of terminology. The author decided to research the obligations of members of three legal forms of entities – limited liability companies, private companies and agricultural companies. Obligations of a legal person’s member are divided into two groups which are based on their origin bases: those arising from the contract and other documents of legal entity, as well as the emerging out of the statute. The most emphasized statutory duties of legal person’s member are to answer for their fraudulent actions, which are reflected by providing a comparative analysis with the common law tradition countries in accordance to their regulation and application of rules of law. It is also a unique fact that the member’s duty to initiate the bankruptcy proceedings is being analyzed and possible liability for the failure to comply with that obligation, or improper performance of it, is being discussed. Responsibilities arising from the contract or the legal person’s documents are divided into asset ones and non-asset ones, however the detailed research is not executed because of the scope of the paper. |
