Once again to the question about the knowledge of the nature and essence of a legal entity
Автор: Ivanova E.A.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 9-2 (60), 2021 года.
Бесплатный доступ
The article indicates the need for scientific knowledge of the legal nature and essence of a legal entity. The author analyzes the reason for the lack of uniformity in this issue. It is substantiated that the possible "legal root" of this problem lies in the fact that the category of a legal entity is often applied in relation to any independent organization admitted to participate in property turnover (including to some bodies of the state itself), i.e. is used to denote the legal personality of practically any subjects of law who are not natural individuals, as a result of which the value of the properties of a legal entity may be exaggerated. At the same time, according to the author, a legal entity by its nature is a kind of collective subjects of law and is a special way of organizing economic activity, with the goal of isolating the emerging community in organizational and property plans, to simplify and streamline participation in economic, civil and legal relations, so how it allows more efficient use of capital (property) and at the same time, thanks to the isolation of certain property, to limit the risks associated with participation in civil circulation.
Nature, legal nature, essence, theories of essence, legal characteristics, legal entity, organization, collective subject, scientific knowledge, complex research
Короткий адрес: https://sciup.org/170191023
IDR: 170191023 | DOI: 10.24412/2500-1000-2021-9-2-118-128