On the structure of legal personality and forms of joint activities of business companies

 
PIIS160565900028794-7-1
DOI10.61205/S160565900028794-7
Publication type Article
Status Published
Authors
 
Occupation: leading Researcher in the Civil and Business Law Sector
Affiliation: Institute of state and law RAS
Address: Moscow Russia
Journal nameJournal of Russian Law
Edition
Abstract

The article substantiates the need to regulate the structure (content) of the legal personality of a legal entity in the Civil Code of the Russian Federation and, in particular, one of its elements – a legal provision, which, unlike the legal capacity of a legal entity, establishes a set of rights and obligations characteristic of a certain organizational and legal form of a legal entity. In addition, the legal status of a legal entity determines its position in civil turnover as the bearer of a certain object of civil rights (monopoly position, participation in the cooperative creation of a single product), it is impossible to talk about the turnover of a legal entity.

            Association (union) as a form of coordination of entrepreneurial activity within a specially created legal entity, due to the additional costs of its maintenance, it is not widely used. Moreover, the authority of the parent organization to determine the decision of the organizations that are part of the organizational structure of the military-industrial complex is not designated in the Civil Code of the Russian Federation as an element of competence.

            The absence of an integral system of legal personality of a legal entity (the absence of clear differences between legal capacity and civil status, their combination with the organizational and legal form, the allocation of such an element of a legal entity as the competence of its bodies).

            The purpose of the study is to develop a modern understanding and to consider the forms of legal interaction of associations of legal entities in the process of joint activities. the structure (content) of the legal personality of a legal entity other than the legal capacity and capacity of a citizen.

            When studying the norms on a legal entity contained in the Civil Code of the Russian Federation and other acts on their types, types, system-structural, concrete-historical, comparative-legal methods of scientific cognition of legal phenomena were used.

Keywordslegal entity, elements of legal personality, legal capacity, legal status, civil rights and obligations. the competence of the bodies, the organizational and legal form, the association of legal entities, the relationship of connectedness, the decision of the parent organization.
Received23.11.2023
Publication date09.01.2024
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