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DERIVATIVE ACTION ON CORPORATE DISPUTES. FEATURES OF PROOF

DERIVATIVE ACTION ON CORPORATE DISPUTES.

FEATURES OF PROOF

N.R. SAFAEVA,

Chairman of the Eleventh Arbitration Court of Appeal

The article discusses a number of issues relating to the rules on indirect claims filed by

corporate participants in defense of the interests of corporate education. In particular, the

article examines indirect claims of shareholders (participants) of economic societies and

members of collegial governing bodies of a corporation for damages caused by persons

belonging to the governing bodies of a legal entity, as well as claims for invalidating

transactions concluded by a legal entity in violation of the norms of corporate law and not

relevant to the interests of the legal entity itself. The author analyzes the modern corporate

legislation, the current law enforcement practice applicable when considering the above

indirect claims: reveals the circumstances to be proved, and the burden of their distribution.

Based on the analysis, there are suggested effective measures to simplify the procedure of

proving the validity of the stated claims. The author proposes to establish universal rules

for the distribution of the burden of proof in cases of invalidation of transactions.

Keywords: invalidity of transactions; corporate relations; indirect claim; evidence; civil

procedure.

References

Karapetov A.G. Problemnye voprosy primeneniya stat’i 174 GK RF [Problems of

Application of Article 174 of the Civil Code of the Russian Federation]. Vestnik grazhdanskogo

prava = Civil Law Review, 2018, no. 1. (In Russian)

Information about the author

Safaeva N.R. (Samara, Russia) – Chairman of the Eleventh Arbitration Court of

Appeal (11А Aerodromnaya St., Samara, 443070, Russia; e-mail: [email protected]).

Recommended citation

Safaeva N.R. Kosvennye iski po korporativnym sporam. Osobennosti dokazyvaniya

[Derivative Action on Corporate Disputes. Features of Proof]. Вестник гражданского

процесса = Herald of Civil Procedure, 2019, no. 1, p. 369–381. (In Russian) DOI: 10.24031/

2226-0781-2019-9-1-369-381

N.R. SAFAEVA