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Civil law. Parts I, III and IV. Legal entities as subjects of civil legal relations (the most important)

Lecture notes, cheat sheets

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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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