Features of determining the will of a legal entities to dispose of property from possession

 
PIIS160565900027922-8-1
DOI10.61205/S160565900027922-8
Publication type Article
Status Approved
Authors
Occupation: partner; leading expert
Affiliation:
VERBA Legal
National Research University "Higher School of Economics"
Address: Russian Federation,
Abstract

one of the conditions on the basis of which the issue of protecting a bona fide acquirer is resolved is the nature of the disposal of the thing from the possession of the owner or the person to whom the thing was transferred by the owner into possession. At the same time, determining the will to dispose of a thing from possession encounters significant difficulties with respect to legal entities, since such, being persona ficta, do not have a psyche, the product of which is the will. In this regard, it is necessary to study the features of formation and manifestation of the will outside of such entities to dispose of property from ownership.

Research methods: general methods of cognition, formal and legal.

Purpose of the study: to determine the specifics of the formation of the will of a legal entity to dispose of property from possession, as well as to identify the persons who form and manifest externally the will of a legal entity to dispose of a thing from possession.

The results of the study: the will of a legal entity is associated with the presence of a certain person's authority to act in civil turnover on behalf of a legal entity to third parties, as well as to perform actions with the property of the organization. Such persons may be a sole executive body, as well as a representative of a legal entity. The activities of bodies of a legal entity other than the sole executive body are directed at the legal entity itself and such bodies do not have the authority to act on behalf of the organization in civil turnover to third parties. If there are several sole executive bodies, the question of the nature of the disposal of a thing from the possession of a legal entity should be decided on the basis of whether several persons exercise the powers of the sole executive body jointly or independently of each other. Disagreements between the participants of the legal entity do not affect the will of the legal entity to dispose of property from ownership, therefore, in the conditions of a corporate conflict between the participants, the will of the authorized executive body of the legal entity remains decisive in any case. By itself, the existence of a representation relationship does not mean the ability of a representative to form and express the will of a legal entity in relation to its property. This ability is associated with the presence of the representative of the authority to perform actions with specific property.

Keywordsownership, legal entity, persona ficta, will, bona fide acquirer, ownership right
Received09.11.2023
100 rub.
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