Bashilov, Alexander Pavlovich

Bashilov Alexander Pavlovich ( November 10, 1849 , St. Petersburg -?) - Russian lawyer, scientist, teacher, notary, one of the founders of the science of commercial law in Russia.

Born in 1849 with St. Petersburg.

In 1871 he graduated from the Faculty of Law of St. Petersburg University with a degree of candidate rights.

In the years 1871-1875 he served in the 3rd Department of the Government Senate.

In 1875-1880 he was a member of the St. Petersburg Commercial Court.

In 1874-1877 he taught commercial sciences at the 1st St. Petersburg Real College.

In 1875-1883 he was a secretary, in 1875-1906 he was a legal adviser at the St. Petersburg Exchange Committee.

In 1880-1906, a sworn attorney of the district of the St. Petersburg Court of Justice and a sworn solicitor at the St. Petersburg Commercial Court.

In 1883-1904, a professor of commercial law at the School of Law.

In 1906-1917, the notary of the district of the St. Petersburg Court of Justice.

A.P. Bashilov investigated the legal regulation of the activities of trade partnerships, examined the types of partnerships, and analyzed the elements that make up the definition of a trade partnership. Particular attention was paid to the partnership agreement, defined the scope of liability of full partnerships.

Bashilov sets the task of identifying the difference between civil and commercial partnerships, formulates the following definition of a commercial partnership as “a union of persons who have concluded an agreement between themselves to combine their property and personal forces for the purpose of conducting trade”.

Its essential features are:

• participation in a partnership of at least two persons
• contract, in the conclusion of which all partners must participate
• the combination of both property assets and personal forces of participants
• production of trade as the goal of establishing a partnership

Bashilov disputes the position of P. Tsitovich that a partnership may become a partner in another partnership. He believes that a full partnership is a combination of not only the property, means, but also the personal strengths of the participants, by virtue of which the partnerships cannot assume the duties of a mercenary under a personal lease agreement. He writes: “if the possibility of participation by property in another full partnership for the whole partnership is controversial, since it is difficult to admit that the partnership capital, drawn up for a specific purpose - to conduct operations of this partnership, and which should serve as a guarantee of claims of third parties to this partnership, exposed to the risk of full and unlimited liability for the operations of another partnership, it is completely impossible for the partnership to participate in another partnership by personal forces, according to the absence of such a partnership as a collective abstract person. If, by "personal" forces, we mean here the individual forces of individual participants in the partnership, then we will not have the participation of the whole partnership in another full partnership, but participation in the latter of individual partners, which is far from the same and that is directly prohibited by law. " . Moreover, if a partner cannot take part in another partnership as a “full partnership”, then there are no obstacles to his participation in another partnership in faith, partnership in shares or joint stock company and in companies based on the principles of mutual but limited liability, for example, in mutual credit societies.