Law, State and Law
Legal entities as subjects of civil law. Basic Characteristics
Legal entities as subjects of civil law - an interesting and complex legal design. Such a bold characterization of the phenomenon is explained by the role that these participants in relations play in the formation and functioning of civil law.
Legal entities as subjects of civil law are derived in relation to individuals. Quasi-subordinate position is determined only by the fact that citizens and other initial subjects have the right to establish, manage and control their organizations. However, since the registration of the latter, such a situation ceases to exist. Therefore, it makes sense to examine more in detail legal entities.
As a rule, lawyers give these subjects a number of qualitative characteristics, among which the following are of particular interest:
- It is always an organization that carries 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, the changes in which are reflected in the document mentioned above. This feature is most pronounced in the laws of countries with economies that are managed in one way or another.
- A legal entity can not but possess property, because it guarantees fulfillment of obligations. Under the property most often understand the initial capital, expressed in money, as well as in things.
- It always acts on its own behalf in civil relations, more precisely, its authorized bodies act on the basis of the basic document.
- It is responsible for obligations only with its property.
Legal entities as subjects of civil law are differentiated depending on a number of characteristics, the so-called. Qualification signs. 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 according to the subject of the institution and by what section of the legislation 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 individuals, institutions. Their separation is carried out on the basis of the mode of establishment - a newly created or merger of those already existing.
- Classification based on the nature of activity implies that corporate subjects of legal relations, as a rule, have one dominant area of functioning. For example, it could be a social, commercial or cultural sphere.
Such a multifaceted classification has practical value, allowing to determine the range of necessary normative acts by means of which a person will achieve the goal set in the basic document.
The legal rights and obligations of the subject in question are different from those inherent in individuals.
This grading is based on an unequal level of legal capacity. So, the state legislatively fixes the list of legal entities that have the right to function only in a certain area. In particular, this provision applies to municipal and state entities, in respect of which the principle of narrowly focused activities is applied.
But the differences do not end there. The second characteristic feature of a legal entity is the moment of the emergence of rights and, accordingly, responsibilities. For this subject, it comes in full after registration, which gives the right to immediately begin to fulfill the tasks set in the statute.
Based on the foregoing, we can conclude that legal entities as subjects of civil law are a multifaceted design whose goal is to fulfill the tasks set by its founders, implemented from the moment of registration by the state.
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