Legal persons as subjects of civil law - an interesting and complex legal structure.Such a bold characteristic phenomenon is explained by the role that these participants relations play in the formation and functioning of the civil law.
Legal persons as subjects of civil law derived with respect to individuals.Kvazipodchinennoe position is determined only by the fact that citizens and other original actors have the right to organize, manage and control their activities.However, since the last registration of such a situation ceases to exist.So it makes sense to consider more legal entities.
As a rule, lawyers endow these entities near qualitative characteristics, among which the following are of particular interest:
- It is always the organization, carrying out activities in accordance with the basic document.The essence of it is determined depending on a variety of factors for economic, personal and legal issues.
- They have a constant structure and changes therein are recognized in the abovementioned document.This feature is most pronounced in countries with laws controlled in one way or another economy.
- A legal person can not have the property, in fact, it guarantees the fulfillment of commitments.Under the property often understand the initial capital, expressed both in money and in things.
- It always acts in its own name in civil relations, more precisely, its competent authorities act on the basis of the underlying instrument.
- It is responsible for the obligations only to their property.
Legal persons as subjects of civil law are differentiated depending on a number of characteristics, the so-calledqualifying signs.And because the division is performed so:
- public and private entities, cooperative and public organizations.In this case, the division is carried out on the subject of the institution and to which section of the law applies to a particular person.
- commercial and non-profit: the division is carried out on the basis of the establishment and objectives of the company.
- organizations, corporations, companies, associations of persons, institutions.Their separation is carried out on the basis of the way institutions - newly created or merging existing ones.
- classification based on the nature of activities means that corporate entities of legal relations, as a rule, have a single dominant area of operation.For example, this may be the social, commercial and cultural spheres.
Such multi-faceted classification has a practical value that determine the range of the necessary regulations by which the person will achieve our goals in the base document.
legal status of the phenomenon
legal rights and obligations of the subject under consideration are different from those that are inherent in individuals.
gradirovanie This is based on the different levels of capacity.For example, the state legally fixed list of legal persons entitled to operate only in a particular area.In particular, this provision applies to municipal and state entities in respect of which the principle of narrowly focused in activity.
But the differences do not end.The second feature of the legal entity acts as the time of the rights and therefore responsibilities.For this subject, he comes fully after registration, which gives the right to proceed without delay to fulfill the tasks in the statute.
Based on the above, we can conclude that legal persons as subjects of civil law - a multi-faceted design, the purpose of which is the existence of the performance objectives set by its founders realized from the registration state.