The basic concept and signs of a legal entity
The concept and characteristics of a legal entity from a legal point of view are governed by certain legislative acts. However, its essence is explained in several scientific concepts, namely: the theory of fiction, organic theory, the theory of interest, the team and the director. In each of the listed theories, the concept and characteristics of a legal entity is defined by specifying various features.If the purpose of the organization is to get into the list of participants in civil turnover, the enterprise must have property separate from the private property of its participants. Thus, the Civil Code of the Russian Federation defines the concept of a natural and legal person from the standpoint of determining a legal personality, known by another name - “personification of property”.
The concept of a legal entity
This is an organization that has property in economic management or ownership, and has the ability to respond to its own obligations with this property.Also, this company has not only the possibility of acquiring or owning property and personal non-property rights, but also the need to assume certain responsibilities. A legal entity may act as a defendant or a plaintiff in court. The concept and characteristics of a legal entity imply maintaining an independent balance sheet or estimate.
Signs of legal entities
In the specialized literature there are four main signs of legal entities:
- property independence;
- organizational unity;
- property liability for obligations (independently);
- performance in court on his own behalf.
The following types of legal personality are known:
- doing business;
- management in an operational manner.
The majority of enterprises and organizations legally registered ownership of the property transferred to them by the founders. However, this concept and signs of a legal entity in this aspect apply only to commercial organizations.
Do not fall under this definition of state-owned enterprises and other non-profit companies (including municipal). For a legal entity characterized by the presence of share capital.At the same time, its size is regulated by the relevant current legislation. The aforementioned feature of organizational unity provides for the representation of a legal entity in the form of an organization with a certain structure reflected in the constituent documents, often including representative offices and branches. As for its own property liability for obligations, in this case, a reference is needed to the Civil Code of the Russian Federation, which reflects ensuring the responsibility of subjects for obligations at the expense of their own property. This source of repayment is formed initially during the creation of the enterprise and should be listed on its balance sheet until the final realization.