Concept and Signs of the Legal Person
In the sphere of market relations, peopleto a friend in different properties. They can enter into relations with each other directly (as individuals) or indirectly (through various associations of individuals). The concept of a physical and legal person is connected with this. Such associations of people, as in the latter case, can be formalized and informal. In the event that the group is formalized, it is already about a legal entity.
The concept and characteristics of a legal entity exist for its delimitation from the physicalface. According to the Civil Code of the Russian Federation, an organization that owns (in operational management, economic management) a separate property that is responsible for its own obligations is deemed to be a legal entity, in its own name, it can exercise and acquire property and non-property rights, be a prisoner or defendant in court, bear responsibility for myself.
The concept and characteristics of a legal entity arecan be as follows. The meaning of a legal entity is to create a new subject of law. At the same time, the circumstance that the legal entity's property is separate from the property of its founders, enables the created organization to participate independently in economic and civil life.
The term "legal entity" means thatorganization as a public entity has a special character. It, in fact, as a subject of law has no real embodiment, unlike its creators. However, it has all the necessary rights and duties to participate in all spheres of economic life.
The meaning of such an ideal design was studiedmany researchers. In the opinion of some, the concept and characteristics of a legal entity are reduced to the fact that the legal entity is a fiction and a product of legislation. According to others, a legal entity is a special kind of so-called "social reality".
Defining the notion and characteristics of a legal entity these signs are distinguished as follows. For a legal entity is characterized by the availability of property of a separate nature, which is recorded in the balance sheet; The existence of property owners separate from the property of the founders for liabilities; independent participation in civil-legal relations on its own behalf (not the name of its founders); availability of a special certificate of state registration; the existence of rights to defend their interests in court.
Thus, the main features of the legal entityare: organizational unity (ability to solve social problems) and internal structure (has management bodies); the existence of a separate property (an independent balance); property self-responsibility.
The legal entity's legal capacity is identical to itslegal capacity. It occurs at the time of registration and terminates with liquidation. Types of legal capacity of a legal entity: special (a legal entity may have special purposes of activities that provide for its constituent documents) and general (the legal entity has the rights and obligations provided for by law).
On the items of the Civil Code of the Russian Federation Legal entity classified on the objectives of the activity (making a profit orother purposes not prohibited by law), the organizational and legal form, the nature of the relationship between the legal entity and its founders (whether the founders have ownership of the contributions made to the property of the established organization).
For the purpose of activity, such legal entities are distinguished: a commercial organization (market participants) and a non-profit organization
According to the organizational and legal form, the legal entity is dividedon the following groups. Organizations of a commercial nature can exist in the form of economic partnerships, production cooperatives, business companies, municipal and state unitary enterprises. Organizations of a non-commercial nature are created in the form of institutions financed by the owner; consumer cooperatives; religious and public associations; charitable foundations and others.
The nature of relations between legal entities and their founders can be as follows: preservation of ownership of their deposits or its loss in favor of the created legal entity.