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19. Liability of a legal entity
Delicacy implies the ability to answer for one's obligations to others, to be a plaintiff and a defendant in court.
The presence of irresponsible subjects in civil and corporate law is unacceptable. Unlike its subdivisions, a legal entity is capable of delinquency and bears responsibility on its own.
Legal liability is the onset of adverse consequences for a person due to a violation of certain norms by him.
With regard to the tort capacity of the divisions of a legal entity, the legal entity will be responsible for its transactions, although a claim in the event of a civil dispute will be brought at the location of the legal entity.
First of all, the responsibility of a legal entity in cases arising from civil law relations will be material in accordance with Art. 56 of the Civil Code of the Russian Federation.
A state-owned enterprise and an institution financed by the owner are liable for their obligations in the manner and on the conditions provided for in paragraph 5 of Art. 113, art. 115 and 120 of the Civil Code of the Russian Federation.
A feature of a legal entity is the presence of separate property in such a person. A legal entity is an independent participant in civil circulation, its obligations are not related to the obligations of the founder or any of its other participants. The founder (participant) of a legal entity or the owner of its property is not liable for the obligations of the legal entity, and the legal entity is not liable for the obligations of the founder (participant) or owner, except for the cases provided for by the Civil Code of the Russian Federation or the constituent documents of the legal entity.
The liability of a legal entity can be supplemented by the liability of the founders or other participants of the legal entity only if they are guilty, which is not so easy to prove.
In case of bankruptcy of the debtor through the fault of the founders (participants) of the debtor, the owner of the property of the debtor - a unitary enterprise or other persons, including through the fault of the head of the debtor, who have the right to give instructions binding on the debtor or have the opportunity to otherwise determine its actions, the founders ( participants) of the debtor or other persons in case of insufficiency of the debtor's property, subsidiary liability for its obligations may be imposed.
In cases established by federal law, the head of the debtor - an individual, members of the debtor's management bodies - individuals, as well as the debtor-citizen may be held criminally or administratively liable. A legal entity cannot be held criminally liable under any circumstances, however, administrative measures may be taken against it. Most often, liability is applied to legal entities as a kind of civil liability.
Author: Sazykin A.V.
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