Legal entities as subjects of civil law. Basic characteristic

Legal entities as subjects of civil law - an interesting and complex legal structure. Such a bold characteristic of the phenomenon is explained by the role that these participants in the relations play in the formation and functioning of civil law.

legal entities as subjects of civil law
Generalized characteristic

Legal entities as subjects of civil law are derivative in relation to individuals. A quasi-subordinate position is determined only by the fact that citizens and other initial entities have the right to create organizations, manage and control them. However, from the moment of registration of the latter, such a situation ceases to exist. Therefore, it makes sense to consider legal entities in more detail.

As a rule, jurists give these subjects a number of qualitative characteristics, among which the following are of particular interest:

- It is always an organization carrying out activities in accordance with the basic document. Its essence is determined depending on many factors of an economic, personal and legal nature.

- They have a constant structure, changes in which are reflected in the document already mentioned above. This feature is most pronounced in the laws of countries with a controlled economy to one degree or another.

- A legal entity cannot but possess property, because it is it that guarantees the fulfillment of obligations. Under the property most often understand the initial capital, expressed both in money and in things.

- It always acts on its behalf in civil relations, more precisely, its authorized bodies act on the basis of a basic document.

- It is liable for obligations only with its property.

legal rights and obligations
Classification of the phenomenon

Legal entities as subjects of civil law differentiate depending on a number of characteristics, the so-called qualification features. And therefore, the division is carried out as follows:

- State and private legal entities, cooperative and public organizations. In this case, the division is carried out by the subject of the institution and by which section of the law applies to a particular person.

- Commercial and non-commercial: the division is carried out based on the purpose of creation and objectives of the company.

- Organizations, corporations, enterprises, unions of persons, institutions. Their separation is carried out on the basis of the method of establishment - newly created or the merger of existing ones.

- Classification based on the nature of the activity implies that corporate entities of legal relations, as a rule, have one dominant area of โ€‹โ€‹functioning. For example, it may be a social, commercial or cultural sphere.

Such a multifaceted classification also has practical significance, which makes it possible to determine the range of necessary regulatory acts by which a person will achieve the goal set in the underlying document.

subjects of legal relations
The legal status of the phenomenon

The legal rights and obligations of the subject in question differ from those inherent to individuals.

Such grading is based on an unequal level of legal capacity. So, the state legislates a list of legal entities authorized to function only in a certain area. In particular, this provision applies to municipal and state persons, in respect of whom the principle of narrow focus in activities applies.

But the differences do not end there. The second characteristic feature of a legal entity is the emergence of rights and, accordingly, obligations. For this subject, it comes fully after registration, which gives the right to immediately proceed with the implementation of the tasks set in the charter.

Based on the foregoing, we can conclude: legal entities as subjects of civil law - a multifaceted structure, the purpose of which is to fulfill the tasks set by its founders, implemented from the moment of registration by the state.

Source: https://habr.com/ru/post/E22103/


All Articles