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Legal Nature of the Capital Commitment in Investment Partnership Agreement and Recovery of a Non-Performed Capital Call in the Investment Partnership
- Authors: Korostelev M.A.1
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Affiliations:
- Korostelev & Partners Law Firm, Russian State University of Justice
- Issue: No 12 (2024)
- Pages: 41-50
- Section: Private law (civil law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364546
- DOI: https://doi.org/10.37399/issn2072-909X.2024.12.41-50
- ID: 364546
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Abstract
The article contains the analysis of the legal nature of “capital commitment”, i. e. the partner’s commitment to contribute capital to the partnership in one of the most popular legal forms of venture capital funds and private equity funds in Russia – investment partnership agreement. The author analyses the legislation of the Russian Federation, the case law and the investment partnership agreements entered into in practice in order to understand whether the capital contributed to the common property of the partners of the partnership by one of the partners is returnable or not, and is the managing partner entitled to recover the sum of capital that one of the partners has failed to contribute to the partnership in court.
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About the authors
Maxim A. Korostelev
Korostelev & Partners Law Firm, Russian State University of Justice
Author for correspondence.
Email: maxim.a.korostelev@gmail.com
Candidate of Science (Law), Bachelor of Laws (the University of London), Lecturer at the Civil Law Department of the Russian State University of Justice, Managing Partner at Korostelev & Partners Law Firm.
Russian Federation, MoscowReferences
- Karapetov, A. G. The claim for the award of an obligation in kind. Moscow: Statut; 2003. 190 p. (In Russ.)
- Dobrachev, D. V. Monetary obligations: trends in the development of doctrine and judicial practice. Moscow: Infotropik Media; 2015. 168 p. (In Russ.)
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