Table of contents (expand)
- The concept of civil law (GP)
- Correlation of civil law (GP) with other branches of law. HP as a science and academic discipline
- Sources of civil law (GP). civil law
- Operation and application of civil law (CL)
- The concept and structure of civil legal relations (GP). Types of civil legal relations
- Grounds for the emergence, change and termination of civil legal relations
- The concept of subjects of civil legal relations. Citizens as subjects of civil legal relations
- Restriction of legal capacity of citizens
- Legal entities as subjects of civil legal relations
- Creation and termination of a legal entity (LE)
- The state as a subject of civil legal relations
- Business companies
- Business partnerships
- Production cooperative
- Unitary (state and municipal) enterprises. Non-Profit Organizations
- Objects of civil legal relations and their types
- Concept, definition and classification of things
- Securities as objects of civil legal relations
- The concept of a transaction and types of transactions
- Form of transactions
- Invalid transactions
- Types of invalid transactions
- The concept and meaning of representation
- Grounds for the emergence and types of representation
- Power of attorney
- The concept and types of terms
- Limitation period, the beginning of the limitation period
- Break, suspension, restoration of limitation periods
- Subjective civil rights and obligations. Implementation of subjective civil rights
- Civil liability, its types and significance
- Civil liability: grounds for occurrence and release
- Forms and sizes of civil liability
- Real right, property, property right
- Types of property rights. Grounds for the emergence and termination
- Right of private property of citizens
- Right of private property of legal entities
- State property right
- Municipal Property Law
- The concept of inheritance
- testamentary succession
- Legacy Inheritance
- The procedure for acquiring an inheritance. Discovery and protection of inheritance
- Acquisition of an inheritance
- Features of inheritance of certain types of property
- Legal regulation of common and shared property
- Legal regulation of joint ownership
- Real rights of persons who are not owners. Rights of persons who are not owners of land plots
- The right of economic management and operational management of property
- easement rights
- Civil law ways of protecting property rights. Vindication and negator claims
- Concept of obligation
- Commitment Structure
- Classification of obligations
- The concept and meaning of the contract
- Content and form of the contract
- The concept, methods and meaning of termination of obligations
- Features of individual methods of termination of obligations
- Ensuring the fulfillment of obligations. forfeit
- Pledge, retention, guarantee
- Bank guarantee. Deposit
- The concept of intellectual property
- The concept of exclusive right
- The main novelties of part IV of the Civil Code of the Russian Federation
- Disposition of the exclusive right
- Copyright concept
- Types of copyright objects
- Subjects of Copyright
- Subjective copyright. Exclusive rights
- Other property rights
- Personal non-property rights of the author
- Patent Law
- Means of individualization
9. LEGAL ENTITIES AS SUBJECTS OF CIVIL LEGAL RELATIONS
Under legal entity (LE) understand an organization that has the following features: the presence of separate property on the right of ownership or economic management, or on the right of operational management; property liability for its obligations; independent performance in civil circulation (acquisition and exercise of property and personal non-property rights and obligations on its own behalf); ability to be a plaintiff and defendant in court. The legal entity must have an independent balance sheet or estimate, and be registered as YL.
A legal entity has legal capacity and legal capacity, which arise at the same time and terminate at the moment of its liquidation.
Legal capacity it can be general (for commercial organizations, with the exception of unitary enterprises) and special (for non-profit and unitary organizations).
General legal capacity means the ability of a legal entity to engage in any type of activity not prohibited by law.
Special legal capacity - this is a restriction of activities (possible activities are listed in the constituent documents of a legal entity), for this the legal entity must have a license.
A legal entity may have separate subdivisions located outside the location: branches (carry out all the functions of a legal entity or part of them) and representations (represent the interests of the legal entity and carry out its protection).
The legal capacity of a legal entity is carried out with the help of its bodies: individual (director, manager, chairman, president) and collegiate (directorate, board of leaders, general meeting of the labor collective).
Legal entity individualization carried out with the help of the name of the enterprise, as well as with the help of trademarks, service marks, names of places of origin of goods, which are the intellectual property of legal entities.
Location The legal entity is determined by the place of its state registration, unless otherwise provided in the constituent documents. A commercial legal entity must have a company name. The legal entity may have commercial or official secret. The legal entity has a business reputation.
Classification of legal entities. According to the degree of participation of labor and capital - association of persons (business partnerships) and pooling of capital (business companies). In order to create a property base - Corporation (voluntary associations) and institutions (subsidiaries). According to the form of ownership of their property - state, municipal и private. Depending on the legal form - business partnerships и societies, cooperatives, unitary enterprises (state and municipal), institutions, non-profit organizations. Depending on the purpose - commercial (the main purpose of their creation is to make a profit) and non-commercial (the main purpose of their creation is the performance of certain socially useful functions that are not related to making a profit). The latter type of classification is the most common in modern civil law.
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