What does the term "legal personality of a legal entity" mean?

The term is determined by his position, which heoccupies the economic system of the country. Legal entities have the status consisting of legal capacity and legal capacity, which makes them participants of legal relations. Every branch of law gives them its legal personality. Among the main disciplines that recognize such a status are financial law, arbitration, and, at the same time, the civil process.

The legal personality of legal entities characterizes them in the role of extremely independent subjects civil law. It is fair to note that the Civilthe Russian code does not contain the term "legal personality". Article 49 explains that every person can have civil rights and bear certain duties. Although, analyzing normative acts, judicial decisions and doctrinal and scientific sources, one can come to the conclusion that the subject has not only legal capacity, but also capacity (according to the clauses of paragraph 1 for article 48 K), and even delictuality (under item 1 of article 48 , and article 56).

The basic provisions characterizing the legal personality of a legal entity are expressed in the following:

1. The Code introduces the concept of special opportunities for working legal entities.
2. As an exception to the rule, special legal capacity is given to commercial organizations with general status.
3. The special right is possessed by state (and municipal) enterprises, as well as by banking organizations, insurance companies.
4. The law does not prohibit the decision of the founders of an enterprise with the general right to grant it a special legal capacity with inclusion in the constituent documents.
5. Legal personality of a legal entity arises when it is created and terminates in all cases of completion of its existence.
6. Certain businesses listed in the legislation are only able to engage in business on the basis of a special license.
7. Limitations are permitted in legal personality (with guarantees against unreasonable decisions).

Due to the peculiarities of administrative implementation in the country, the legal personality of a legal entity is as follows:

1. According to the provisions of paragraph 1 for Article 53 of the Civil Code of Russia, the organization takes rights and responsibilities, thanks to its bodies.
2. The concept, essence and nature of its own organ,as well as its direct impact on the structure of the internal legal space, it will be more correct to consider the organizational unity of education.
3. The body serves as a mandatory factor uniting legal entities, it acts in accordance with the current legislation, constituent documents.
4. In certain cases, what is envisagedlegal norms, the legal personality of a legal entity can be attacked and acquired through its participants, for example, in the case of full partnerships, or the same partnerships, but on complete faith.
5. In accordance with paragraph 3 of Article 53 of the Codea person acting on behalf of an organization (by virtue of the law or the provisions of constituent instruments) must act purely in the interests of the legal entity presented to him in good faith and reasonably.

The implementation mechanism presents both scientific and practical interest, since it answers the question of how a legal entity will enforce its legal personality.