Юридические лица как субъекты гражданского права - interesting and complex legal design. Such a bold characteristic of the phenomenon is explained by the role that these participants in the relationship play in the formation and functioning of civil law.
Legal entities as subjects of civil lawDerivatives to individuals. A quasi-subordinate position is determined only by the fact that citizens and other initial subjects have the right to establish, manage, and control organizations. However, since the registration of the latter, this situation ceases to exist. And because it makes sense to consider more legal entities.
As a rule, lawyers endow these subjects with 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, changesin which are reflected in the document already mentioned above. This feature is most pronounced in the laws of countries with a more or less controlled economy.
- The legal entity can not haveproperty, because it 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 own 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 entities as subjects of civil law are differentiated depending on a number of characteristics, the so-called. qualifying attributes. That is why division is carried out so:
- 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 according to which section of the law applies to a particular person.
- Commercial and non-commercial: the division is carried out on the basis of the purpose of the creation and objectives of the company.
- Organizations, corporations, enterprises, unions of individuals, institutions. Their separation is carried out on the basis of the method of the institution - the newly created or the merging of already existing ones.
- Классификация на основании характера activity implies that corporate subjects of legal relations, as a rule, have one dominant area of operation. For example, it may be a social, commercial or cultural sphere.
Such a multifaceted classification has andpractical importance, allowing to determine the range of necessary regulations, by which a person will achieve the goal set in the basic document.
Legal rights and obligations of the subject under consideration are different from those inherent to individuals.
This grading is based on unequallevel of legal capacity. Thus, the state establishes a list of legal entities having the right to operate only in a certain area. In particular, this provision applies to municipal and state persons in respect of which the principle of focus on activities operates.
But the differences do not end there.The second characteristic feature of a legal entity is the moment of occurrence of rights and, accordingly, obligations. For this subject, it comes fully after registration, which gives the right to immediately proceed to the implementation of the tasks set forth in the statute.
Based on the foregoing, we can conclude:legal entities as subjects of civil law - a multifaceted structure, the purpose of which existence is the execution of tasks set by its founders, implemented from the moment of registration by the state.
