Civil law. Parts I, III and IV. The right of private property of legal entities (the most important)

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Civil law. Parts I, III and IV. The right of private property of legal entities (the most important)

Lecture notes, cheat sheets

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36. RIGHT OF PRIVATE PROPERTY OF LEGAL ENTITIES

The right of ownership of legal entities refers to the private form of ownership. Legal entities, with the exception of unitary enterprises and institutions, are the sole owners of their property. This means that, as a general rule, the founders (participants) of a legal entity do not have any ownership of its property. They have only the right of ownership to their shares in the authorized capital of a legal entity or to its shares.

Ownership of legal entities in an objective sense - a set of legal norms that fix the three powers of the owner. These norms form the institution of property rights of legal entities.

Ownership of legal entities in the subjective sense - the opportunity provided by law for legal entities to exercise the three powers of the owner by their actions.

Grounds for the acquisition and termination of the ownership of legal entities are the general grounds for acquiring property rights provided for by the Civil Code of the Russian Federation. However, the law may establish other ways of forming property, for example, the property of charitable organizations may be formed at the expense of charitable donations, funds received from the state and local budgets.

The object of the property right of legal entities may be any property, with the exception of that which, by law, can only be in state or municipal ownership. The property of religious organizations occupies a special position. These organizations are the owners of the property they have acquired and can use it to achieve the goals stipulated by their founding documents. When such an organization is liquidated, the property is not returned to their founders, since they cease to be its owners at the moment of transfer to other organizations.

The property of legal entities acquired illegally must be alienated by the owner within one year. This provision also applies to other subjects of civil law. The property of legal entities is divided into fixed and current assets and is subject to accounting of a legal entity.

Features of property rights of legal entities

1. The scope of powers of a legal entity as the owner of its property depends on whether it is commercial or non-commercial (commercial organizations have more powers than non-commercial ones, since they have general legal capacity).

2. Legal entities, owners of their property, exercise the powers of the owners in the course of the activities of their bodies (general meeting, directorate, etc.).

3. The owners of a legal entity themselves determine the limits of their powers by establishing them in the constituent documents.

4. The founders of legal entities - owners of property - do not have a proprietary right to the property of these legal entities.

5. For various organizational and legal forms of legal entities.

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