term is defined by its position that it occupies in the economic system of the country.Legal persons have the status, consisting of legal capacity, making them participants in legal relations.Every branch of law gives them their views of the law.Among the main courses, recognizing them this status, are finance, arbitration process, and along with it, and civil litigation.
legal personality of legal persons characterized by their extremely well as independent subjects of civil law.It is fair to note that the Russian Civil Code does not contain the term "personality".Article 49 says that any person may have civil rights and incur certain kinds of responsibilities.While analyzing the regulations, judicial decisions and doctrinal-scientific sources, it can be concluded that the subject has not only the capacity but also the capacity (as described item 1 of Article 48 K), and even delictual (item 1 of Art. 48and Article 56).
main provisions describing the personality of a legal entity, are expressed as follows:
- Code introduces the concept of accessibility working entities.
- As an exception to the rule given special legal commercial entities, endowed with a common status.
- special rules have state (and municipal) enterprises as well as banking institutions and insurance companies.
- The legislation does not prohibit the decision of the founders of enterprises with common law legal capacity to give it special to be entered in the founding documents.
- legal personality arises when it is set up and terminated in all cases the completion of its existence.
- certain activities listed in the law, enterprises are able to deal only on the basis of a special license.
- allowed legal restrictions (with guarantees against unjustified decisions).
Because of the administrative implementation of the country's legal personality seems so:
- accordance with the provisions of paragraph 1 of Article 53 of the Civil Code of Russian organization accepts the rights and obligations through their bodies.
- concept, nature and the nature of his own body, as well as its direct impact on the internal structure of the legal space will be more correct to consider organizational unity education.
- Authority is binding factor that unites legal entities, it is acting in accordance with the current legislation, constituent documents.
- In certain cases, provided that the legal regulations, legal personality can be acquired through the attack and its members, for example, in the case of general partnerships, or associations of the same, but full of faith.
- In agreeing with paragraph 3 of Article 53 of the Code of person acting on behalf of the organization (under the law or the provisions of the constituent documents), must act strictly in the interest of the presented their legal entity in good faith and reasonably.
implementation mechanism is both scientific and practical interest, since the answer to the question of how entity will enforce its personality.
