As one of the dominant subjects of the private sphere, a legal person is simply obliged to become the object of numerous studies from both legal scholars and practitioners in the industry.But the main issue that determines its status as a legal personality, as well as the specific scope of its distribution in public circulation.
For more complete coverage of the issue should be, first of all, to clearly define the notion of this phenomenon.Thus, the majority of authors believes that under the legal entity must be understood especially the union, which is characterized by three main features: detached from the things of the founders of property, the presence of the constituent (organizational) document and complete independence in the fulfillment of intentions.It is these characteristics and built capacity of legal entities, one of which determines the classification of species.
to determine the main personality of the person concerned are its foundation (aka organizational) documents.In fact, the legal capacity of a legal entity incorporated in them.It was only with their help public authorities determine the range of the registration rights, establishing general or special of their appearance.
Speaking about the general legal capacity, the experts point to the fact that the entity has the right to perform all the actions that lead to the achievement of the desired goal, rooted in the organizational documents, and which do not contradict the provisions of the legislation of the country of operation.
Unlike the first, the special capacity of legal persons are also put into the organizational documents, but it clearly defines the activities which are lawful to commit to.A special kind of loosely limited set of tools that can operate on a legal entity.Just last no right to arbitrarily change their orientation, and is obliged to make changes to the necessary documents.In addition, there is also another factor allocation of special legal capacity, namely engage in the activities covered by the terms of licensing.
However, in fact, and in another case, the legal capacity of a legal entity arises only when the final decision was taken by the authorized state body of registration and issued a certificate of relevant procedures.It is worth noting that the act is accompanied by the emergence of yet another element of personality.
legal capacity of a legal entity always accompany each other.And if an individual limitations are present due to several factors, in respect of these entities is not the case.
and capacity, and the capacity of the legal entity is limited to the founding documents and special permits, developed and issued on the basis of national legislation.And, therefore, since the adoption of such a legal entity has the entire spectrum of the law.But the situation appears somewhat different in the representation of legal entity, its agencies, through which the first and carries out its personality.
main view of the legislation on this matter is that the implementation of the legal personality of its representative bodies is possible only when such actions are laid down in statutory (institutional) instruments.Consequently, the legal capacity of a legal entity can be expressed only through these structures.
