concept of a legal person is registered in article 48 of the Civil Code.According to her, the concept of a legal person applies only to organizations that are in economic management, ownership or operational management of their property and this property is responsible for its obligations.Also, the organization to which the concept of a legal person, you can carry out on their behalf and to acquire property and moral rights.They are obliged to be a defendant and plaintiff in court.At the same time, companies that fall under the concept of a legal entity must have an independent estimate or balance.
concept and essence of the legal entity allows you to emphasize its main features:
Let us examine what is the concept and essence of the legal entity.
The main symptom of a legal entity - property independence.
legal entity has the right to possess property by right:
- property,
- of business,
- operational management.
As a rule, legal entities are the owners of the property transferred to them in the possession of the founders.A legal person must have authorized capital (CC), the amount of which is provided by certain regulations.For example, the minimum of the Criminal Code of an open society should not be less than the sum of one thousand times the minimum wage established by the Law at the time of registration.At the same time the minimum standard of a closed society of the Criminal Code is set at not less than one hundred times the amount of the minimum wage set by the Federal Law on the state registration
No less important sign of organizational unity.It lies in the fact that any legal entity - an organization with a certain structure, and sometimes representative offices and branches, controls that are spelled out in the founding documents.
Another important feature - self-responsibility for the obligations of their own property.All legal entities, except for those that are financed by the owner institutions are responsible for its obligations with all property belonging to them.
However, if the bankruptcy (insolvency) of a legal entity due to members (founders), then the property owner or other person entitled to give binding instructions for the legal person may be charged with vicarious liability for the existing commitments in the failure of its own property of a legal entity.
All legal entities acting on their behalf in the civil circulation, may be the defendant and plaintiff in court.A legal entity is required to have its own name, which contains an indication of its organizational and legal form.Name of the organization, as a rule, contain an indication of the kind of activities carried out by a legal entity.
by trade name law provides for certain requirements.
Possible bodies of a legal entity, concept, types as spelled out in Article 53 of the Civil Code is not to say that the law clearly defines what constitutes the legal entity, the concept and types, hence the set of all possible disputes.
Government entity, concept, types, amenable to grouping, for example:
on such grounds as the mandatory establishment of a specific structure of the organization of the legal form: Optional and mandatory authorities.Creation of the first are often required by law.The bodies can be formed without legislative guidance on this possibility, based on the position of the internal documents of the organization (more organs).
The legislation sometimes provides for the establishment of one body of several possible (alternative authorities), etc.
