Legal personality of legal entities: some problematic aspects
The concepts and elements of legal personality of legal entities are defined. This research emphasis is explained by the fact that legal entities do not have a bodily substrate. Recognition of the participation of legal entities in civil legal relations is through the external realization of the leg...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2021-12-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/533 |
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| author | Yu. I. Chalyi |
| author_facet | Yu. I. Chalyi |
| author_sort | Yu. I. Chalyi |
| collection | DOAJ |
| description | The concepts and elements of legal personality of legal entities are defined. This research emphasis is explained by the fact that legal entities do not have a bodily substrate. Recognition of the participation of legal entities in civil legal relations is through the external realization of the legal personality of these persons. This circumstance explains the urgency of addressing the issues of legal personality of legal entities. The category of "legal personality", when disclosed in the context of defining the subjectivity of legal entities, can be understood in two senses: 1) as a legal consequence of an act of legislation (in the form of state registration), which entails the recognition of the qualities of the subject by a certain organization or, that is, the recognition by the organization of the status of "legal entity"; 2) as a detailed description of the qualities of the subject, indicating not only his legal ability to have rights and responsibilities in the future (legal capacity), but also the ability to independently form the will and express it externally by implementing legally significant acts of conduct (capacity). The application of the formal-legal (dogmatic) method made it possible to conclude that the elements of legal personality of legal entities should be recognized as legal capacity and legal capacity. Legal capacity determines the legal existence of legal entities and indicates the extent of their participation in civil or other legal relations. It is argued that the legal capacity of legal entities is incorrect to determine through the categories of "general (universal)" or, conversely, "special (target)". It is emphasized that the functional purpose of the legal capacity of legal entities is not to determine the limits of their active legal personality, as in the case of the legal capacity of individuals, but to establish the range of persons (bodies, officials, participants), by the will and expression of which the subjective legal potential of legal entities can be realized. |
| format | Article |
| id | doaj-art-b8b64c090f9f45168c91006c63a40d5f |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2021-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-b8b64c090f9f45168c91006c63a40d5f2025-02-02T02:49:53ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332021-12-0183414915510.32631/pb.2021.4.15533Legal personality of legal entities: some problematic aspectsYu. I. Chalyi0Kharkiv National University of Internal AffairsThe concepts and elements of legal personality of legal entities are defined. This research emphasis is explained by the fact that legal entities do not have a bodily substrate. Recognition of the participation of legal entities in civil legal relations is through the external realization of the legal personality of these persons. This circumstance explains the urgency of addressing the issues of legal personality of legal entities. The category of "legal personality", when disclosed in the context of defining the subjectivity of legal entities, can be understood in two senses: 1) as a legal consequence of an act of legislation (in the form of state registration), which entails the recognition of the qualities of the subject by a certain organization or, that is, the recognition by the organization of the status of "legal entity"; 2) as a detailed description of the qualities of the subject, indicating not only his legal ability to have rights and responsibilities in the future (legal capacity), but also the ability to independently form the will and express it externally by implementing legally significant acts of conduct (capacity). The application of the formal-legal (dogmatic) method made it possible to conclude that the elements of legal personality of legal entities should be recognized as legal capacity and legal capacity. Legal capacity determines the legal existence of legal entities and indicates the extent of their participation in civil or other legal relations. It is argued that the legal capacity of legal entities is incorrect to determine through the categories of "general (universal)" or, conversely, "special (target)". It is emphasized that the functional purpose of the legal capacity of legal entities is not to determine the limits of their active legal personality, as in the case of the legal capacity of individuals, but to establish the range of persons (bodies, officials, participants), by the will and expression of which the subjective legal potential of legal entities can be realized.http://pb.univd.edu.ua/index.php/PB/article/view/533legal personality of legal entitieslegal capacity of legal entitiescapacity of legal entities. |
| spellingShingle | Yu. I. Chalyi Legal personality of legal entities: some problematic aspects Law and Safety legal personality of legal entities legal capacity of legal entities capacity of legal entities. |
| title | Legal personality of legal entities: some problematic aspects |
| title_full | Legal personality of legal entities: some problematic aspects |
| title_fullStr | Legal personality of legal entities: some problematic aspects |
| title_full_unstemmed | Legal personality of legal entities: some problematic aspects |
| title_short | Legal personality of legal entities: some problematic aspects |
| title_sort | legal personality of legal entities some problematic aspects |
| topic | legal personality of legal entities legal capacity of legal entities capacity of legal entities. |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/533 |
| work_keys_str_mv | AT yuichalyi legalpersonalityoflegalentitiessomeproblematicaspects |