THEORETICAL AND LEGAL COMPARATIVE STUDY OF THE LEGAL NATURE OF A CORPORATE CONTRACT UNDER THE LAW OF FRANCE AND THE USA

The article provides a comparative analysis of theoretical and legal approaches and specific features of corporate agreement regulation under French and US legislation. The spread of mutual agreements between shareholders in France was facilitated by the participation of Anglo-American investors in French companies, who were more accustomed to contractual relations than to the use of strictly fixed forms of joint-stock companies. Despite the fact that one of the goals of such agreements was an attempt to get rid of excessive public-law control, such agreements could never contradict the imperative requirements of the law and the provisions of the company's charter. In the USA, the legislative consolidation of the right of shareholders to enter into various types of agreements among themselves is carried out by laws regulating the activities, procedure for the creation and management of entrepreneurial corporations.