What question did this study set out to answer?

The article aims to analyze the concept of indirect claims within the legal framework of corporate rights, emphasizing their nature and application.

June 3, 2026

Violation of the Subjective Corporate Right of the Founder (Participant) as a Result of Causing Losses to a Legal Entity

Puntos clave

The article aims to analyze the concept of indirect claims within the legal framework of corporate rights, emphasizing their nature and application.
Analysis of simple and complex legal relations in corporate context.
Application of theoretical legal concepts by O. A. Krasavchikov and D. V. Lomakin.
Utilization of dialectical, inductive, deductive, analytical, and formal legal methodologies.
Complex legal relations framework insufficiently supports unified legal relations in corporate settings.
Findings counter the notion of a direct legal relationship between founders and governing members of legal entities.
The evaluation of indirect claims as a means of subjective right protection lacks legitimacy.

Resumen

Despite the fact that indirect (derivative) claims have firmly entered domestic legal life, disputes on their nature, scope of application, and the correctness of their title still continue. An analysis of the sources shows that the theory of indirect (derivative) claim is based for the most part on the provisions of current legislation, which especially increases the importance of the few attempts at a doctrinal understanding of this institution. The purpose of the article is to analyze the theoretical concept of an indirect (derivative) claim as a means of protecting subjective right from the point of view of the general theory of law, civil law and the civil process. Tasks to be solved in the article: analysis of the concept of simple (bilateral) and complex (composite/paired) legal relations, which in turn are subdivided into independent and derivative (dependent) legal relations, formulated by O. A. Krasavchikov and applied by D. V. Lomakin to corporate legal relations; the possibility of drawing a conclusion about the existence of a single complex legal relationship consisting of simple legal relationships; the legality of evaluating an indirect (derivative) claim as a means of protecting a subjective right. When writing the article, the universal (philosophical) dialectical method, general theoretical scientific methods of induction and deduction, analysis and synthesis, as well as a special formal legal method were used. Brief conclusions: the concept of complex (composite/paired) legal relations does not provide sufficient grounds for constructing unified complex legal relations, including corporate ones, which refutes the conclusion that there is a legal relationship between the founder (participant) of a legal entity and members of the governing bodies of a legal entity and the protection of the subjective right of the founder (participant) through an indirect (derivative) action of a legal entity.

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