Corporate law. Features of legal capacity and legal capacity of a legal entity (the most important)

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Corporate law. Features of legal capacity and legal capacity of a legal entity (the most important)

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12. Features of legal capacity and legal capacity of a legal entity

The subjects of corporate legal relations must have legal personality. Since, in terms of studying corporate law, special subjects are commercial organizations, their legal personality is of a peculiar nature.

Such concepts as legal personality, legal capacity and legal capacity are closely related to the concept of the subject of corporate legal relations. Legal personality - the ability to be a subject of law. In order to be a subject of law, it is necessary to have such features as legal capacity, legal capacity and tort capacity. Only the presence of all these components without exception can be taken as the basis of legal personality.

Legal capacity means that a certain person is able to have the rights and obligations provided by law.

Moreover, such ability must be recognized by the state. In terms of determining the legal capacity of collective subjects of law, legal entities, legal capacity has rather specific features. There are several types of legal capacity: general, sectoral and special.

General legal capacity is such legal capacity that implies the possibility of having the rights and obligations provided for by law in principle, in general, regardless of the presence or absence of specific rights for a particular person. Industry-specific legal capacity is legal capacity, the implementation of which is fully possible within one industry, for example, tax, labor, etc. procedures, certain experience, etc.

Legal capacity - the ability of a particular person to exercise the rights granted by law and perform duties by his actions.

Delicacy - the ability of a certain person to bear legal responsibility for the commission of an offense by him. Tort is an essential attribute of legal personality, since the inclusion of a number of irresponsible entities in the circle of subjects of corporate legal relations would cause significant damage to corporate legal relations.

The legal capacity of a legal entity is special, since its acquisition requires the acquisition of a special status - state registration of a legal entity. Legal entities actually have the same moments of acquiring legal capacity and capacity, since they arise and are endowed with rights and obligations as legal entities at the same time.

The legal capacity of individual subjects of corporate legal relations is also special, since its presence is again associated with a number of specific circumstances, for example, with the participation of a person in the share capital of a business partnership. In the presence of such his participation, he acquires the status of a participant.

Author: Sazykin A.V.

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