Analysis of court practice in disputes involving commercial legal entities

Authors

  • A. Toleubay
  • A.S. Kizdarbekova
  • L. Tyll

Keywords:

dispute, lawsuit, joint stock company, judicial decision, judicial act, commercial legal entity, court, entrepreneur, corporate dispute

Abstract

The article is devoted to the analysis of the correctness and effectiveness of the application of the norms of  the current legislation when making decisions in the course of litigation on disputes related to the activities of  commercial legal entities. In addition to identifying the category of cases, which are more often than others  the subject of dispute and court proceedings, the work pays attention to those procedural errors that are made  when submitting and considering cases of this category. The decisions of governing bodies of commercial legal entities are most often contested in court. The work concludes that such cases should be considered in the  proceedings. The provision according to which disputes regarding the contestation by shareholders of decisions of bodies of joint-stock companies related to corporate matters are considered in the special claim pro-ceedings is erroneous. Among the most common mistakes in initiating proceedings involving commercial legal entities and their judicial review are indicated — incorrect determination of the defendant, jurisdiction,  violation of the statute of limitations. The article also notes that disputes involving commercial legal entities  can be resolved through the use of alternative procedures, for example, mediation and participatory assistance. These procedures can be used at the stage of court consideration.

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Published

2019-12-30

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE