Legal personality of legal entities: some problematic aspects
Abstract
The concepts and elements of legal personality of legal entities are defined. This research emphasis is explained by the fact that legal entities do not have a bodily substrate. Recognition of the participation of legal entities in civil legal relations is through the external realization of the legal personality of these persons. This circumstance explains the urgency of addressing the issues of legal personality of legal entities. The category of "legal personality", when disclosed in the context of defining the subjectivity of legal entities, can be understood in two senses: 1) as a legal consequence of an act of legislation (in the form of state registration), which entails the recognition of the qualities of the subject by a certain organization or, that is, the recognition by the organization of the status of "legal entity"; 2) as a detailed description of the qualities of the subject, indicating not only his legal ability to have rights and responsibilities in the future (legal capacity), but also the ability to independently form the will and express it externally by implementing legally significant acts of conduct (capacity). The application of the formal-legal (dogmatic) method made it possible to conclude that the elements of legal personality of legal entities should be recognized as legal capacity and legal capacity. Legal capacity determines the legal existence of legal entities and indicates the extent of their participation in civil or other legal relations. It is argued that the legal capacity of legal entities is incorrect to determine through the categories of "general (universal)" or, conversely, "special (target)". It is emphasized that the functional purpose of the legal capacity of legal entities is not to determine the limits of their active legal personality, as in the case of the legal capacity of individuals, but to establish the range of persons (bodies, officials, participants), by the will and expression of which the subjective legal potential of legal entities can be realized.
Downloads
References
Artykulenko, O. (2018). Legal personality of a legal entity: current challenges and unresolved issues. Entrepreneurship, Economy and Law, 6, 238–242.
Artykulenko, O. (2018). Theoretical aspects of legal capacity of a legal entity: current challenges and unresolved issues. Entrepreneurship, Economy and Law, 11, 5–9.
Artykulenko, O. V. (2018). Legal personality of a legal entity [Candidate dissertation, Kharkiv National University of Internal Affairs].
Belov, V. A. (2011). Civil law. A common part (Vol. 2). Yurait.
Borisova, V. I. (2000). To the problem of the legal personality of a legal entity. Problems of Legality, 43, 32–37.
Borysova, V. (2010). Institute of legal entity in the law of Ukraine. Law of Ukraine, 12, 25–31.
Bratus, S. N. (1950). Subjects of civil law. Gosyurizdat.
Ioffe, O. S. (2000). Selected works on civil law: from the history of civil thought. Civil law. Criticism of the theory of “economic law”. Statute.
Khalfina, R. O. (1974). General doctrine of legal relationship. Legal literature.
Lavrinenko, I. A. (2017). Vole formation of a legal entity when committing a transaction. Scientific Journal of Public and Private Law, 6(4), 37–44.
Matuzov, N. I., & Malko, A. V. (Eds.). (1997). Theory of government and rights. Lecture course. Yurist.
Petryshyn, O. V. (Ed.). (2014). Theory of state and law. Right.
Pigolkin, A. S. (Ed.). (1995). General theory of law. MGTU.
Pokrovskii, I. A. (1998). The main problems of civil law. Statut.
Pushkin, A. A., & Samoilenko, B. M. (1996). Civil law of Ukraine (Part 1). The foundation.
Romovska, Z. V. (2005). Ukrainian civil law. The general part. Academic course. Atika.
Skakun, O. F. (2007). Theory of state and law (encyclopedic course). Espada.
Spasybo-Fatieieva, I. V. (Ed.). (2009). The Civil Code of Ukraine (Vol. 3). Stride.
Sukhanov, E. A. (Ed.). (2000). Civil law (Vol. 1). BEK.
Zhornokui, Yu. M., & Krasytska, L. V. (Eds.). (2017). Contemporary problems of civil law and process. Right.
Copyright (c) 2021 Yu. I. Chalyi
This work is licensed under a Creative Commons Attribution 4.0 International License.
