The genesis of corporate relations in Ancient Rome and their impact on Ukrainian legislations

Abstract

Based on the analysis of the available information on the legal relations between various legal subjects of Ancient Rome, the purpose of the research is to prove the absence or presence of corporate relations and determine the degree of influence of these relations in Ancient Rome on contemporary Ukrainian legislation. Research methods. The paper is developed through applying general research and special methods of scientific cognition. Results. Economic activity is carried out by economic entities and their associations. Economic relations arise as a result of entering into legal relations with other economic entities. They are realized by concluding, changing, and terminating contracts. Corporate relations are components of economic relations since they are associated with the implementation of economic activities by special economic entities. Corporate relations in the world appeared in ancient states and were primarily formed in Ancient Rome. Roman law was the first in the official history of humankind to distinguish between private and public law. Corporate relations, as well as economic relations in general, combine private and public interests. Therefore, in some legal circles, there is an opinion about the absence, even as a complex area, of corporate law and the absence of such legal subjects both in ancient Rome and today. The paper shows that such opinions are inaccurate since the association of entrepreneurs based on geographic, professional, target, and other characteristics (guilds, municipalities, workshops, unions, companies, societies, associations, etc.) appeared, spread, and received recognition by the state. Conclusions. The principles of their activities, which are still applied today in corporate law of Ukraine and many countries worldwide, were formed in Ancient Rome. This indicates a significant influence of the corporate relations of Ancient Rome on contemporary Ukrainian law and legislation. The societas publicanorum, recognized as the prototype of modern jointstock companies, was formed based on the general authorization principle during the Republic and based on a special authorization principle during the Empire era. In the latter case, the Senate granted the permission, which, in modern terms, performed the functions of registration, licensing, control and supervision. The positive aspect of Ancient Roman law and legislation is a wide choice of organizational and legal forms for potential participants of corporate structures.