The term is defined by his position, which hetakes in the economic system of the country. Legal entities have a status consisting of legal capacity and capacity, which makes them participants in legal relations. Every branch of law gives them their own kind of legal personality. Among the main disciplines that recognize such status for them are financial law, the arbitration process, and at the same time, civil procedure.
Legal personality of legal entities characterizes them as extremely independent subjects. civil law. It is fair to say that the CivilCode of Russia does not contain the term "legal personality". Article 49 clarifies that every person may have civil rights and bear certain kinds of duties. Although, analyzing the regulations, judicial decisions and doctrinal-scientific sources, it can be concluded that the subject has not only legal capacity, but also capacity (as described in paragraph 1 for article 48K), and even delictual capacity (under paragraph 1 of article 48 and articles 56).
The main provisions characterizing the legal personality of a legal entity are expressed in the following:
- The Code introduces the concept of special capabilities of working legal entities.
- As an exception to the rule, special legal capacity is given to commercial organizations endowed with a common status.
- State (and municipal) enterprises, as well as banking organizations, insurance companies, have a special right.
- The law does not prohibit the decision of the founders of an enterprise with a general right to endow it with special legal capacity and incorporation into constituent documents.
- The legal personality of a legal entity arises when it is created and ceases in all cases of the completion of its existence.
- Certain types of activities listed in the legislation, enterprises are able to engage only on the basis of a special license.
- Legal restrictions are allowed (with guarantees against unreasonable decisions).
Due to the nature of the administrative implementation in the country, the legal personality of a legal entity is as follows:
- In accordance with the provisions of clause 1 for article 53 of the Civil Code of Russia, an organization assumes rights and obligations thanks to its bodies.
- The concept, essence and nature of its own body,as well as its direct influence on the structure of the internal legal space, it would be more correct to consider the organizational unity of education.
- The body serves as an obligatory factor uniting legal entities, it acts in accordance with current legislation, constituent documents.
- In certain cases, that providedlegal standards, the legal personality of a legal entity may be attacked and acquired through its members, for example, in the case of full partnerships, or the same partnerships, but with full faith.
- In accordance with paragraph 3 of Article 53 of the Codea person acting on behalf of the organization (by virtue of the law or the provisions of the constituent documents) must act strictly in the interests of the legal entity presented to them in good faith and reasonably.
The implementation mechanism is of both scientific and practical interest, since it answers the question of how a legal entity will enforce its legal personality.
