Joint Responsibility of the Parent Company under Obligations of Subsidiary Company
Tatiana Vitalievna Melnikova1, Yuliya Vladimirovna Shalyaeva2, Evgeny Stepanovich Shcheblyakov3, Anjelica Alisherovna Kuzhleva4
1Tatiana Vitalievna Melnikova,Siberian Federal University 79 Svobodnyi Ave., Krasnoyarsk, Russian Federation
2Yuliya Vladimirovna Shalyaeva, Katanov State University of Khakassia 90 Lenina Ave., Abakan, Russian Federation
3Evgeny Stepanovich Shcheblyakov, Krasnoyarsk State Agricultural University, 90 Mira Ave., Krasnoyarsk, Russian
4Anjelica Alisherovna Kuzhleva, Krasnoyarsk State Agricultural University, 90 Mira Ave., Krasnoyarsk, Russian.
Manuscript received on November 15, 2019. | Revised Manuscript received on November 23, 2019. | Manuscript published on November 30, 2019. | PP: 438-441 | Volume-8 Issue-4, November 2019. | Retrieval Number: D6979118419/2019©BEIESP | DOI: 10.35940/ijrte.D6979.118419
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: The objective of this article is to identify the problems of joint responsibility of the parent company for the obligations of the subsidiary company and propose a solution to them. The author has used the analysis method while studying the legislation governing the joint responsibility of the parent company, its law enforcement practice and scientific literature on problems in this area. The experience of legal regulation of joint responsibility of the parent company under the obligations of the subsidiary company has been compared with the legal experience of the United States of America. Studying the conditions for holding the parent company liable for the obligations of a subsidiary, the author has concluded that at present, the Russian legislation defining the legal status of the parent companies is imperfect and needs to be changed. Accordingly, a new version of paragraph 2 of clause 2 of Article 67.3 of the Civil Code of the Russian Federation has been proposed, as well as recommendations for the Supreme Court of the Russian Federation.
Keywords: Parent Company; Subsidiary; Joint Responsibility; Instrumentality Rule.
Scope of the Article: Behaviour of Structures under Seismic Loads.