The term is determined by its position, which it occupies in the country's economic system. Legal entities have a status consisting of legal capacity and legal capacity, which makes them participants in legal relations. Every branch of law gives them their own kind of legal personality. Among the main disciplines recognizing them such a status are financial law, the arbitration process, and along with this, the civil process.
The legal personality of legal entities characterizes them in the role of extremely independent subjects of civil law. It will be fair to note that the Civil Code of Russia does not contain the term “legal personality”. Section 49 makes it clear that every person may have civil rights and bear certain responsibilities. Although, analyzing normative acts, court decisions and doctrinal and scientific sources, we can conclude that the subject has not only legal capacity, but also legal capacity (according to the provisions of paragraph 1 for Article 48 K), and even tort (under paragraph 1 of Article 48 , and articles 56).
The main provisions characterizing the legal personality of a legal entity are expressed in the following:
- The Code introduces the concept of accessibility for working legal entities.
- As an exception to the rule, special legal capacity was given to commercial organizations with a general status.
- State (and municipal) enterprises, as well as banking organizations, insurance companies, have special rights.
- The legislation does not prohibit the decision of the founders of the enterprise with the common right to endow it with special legal capacity with entry in the constituent documents.
- The legal personality of a legal entity arises upon its creation and ceases in all cases of the completion of its existence.
- Certain types of activities listed in the legislation, enterprises are able to engage only on the basis of a special license.
- Legal restrictions are allowed (with guarantees from unreasonable decisions).
Due to the peculiarities of administrative implementation in the country, the legal personality of a legal entity is as follows:
- In accordance with the provisions of paragraph 1 for article 53 of the Civil Code of Russia, an organization accepts rights and obligations, thanks to its bodies.
- The concept, essence and nature of its own body, as well as its direct impact on the structure of the internal legal space, will be more correctly considered by the organizational unity of education.
- The authority serves as a mandatory factor uniting legal entities; it acts in accordance with current legislation and constituent documents.
- In certain cases, which are provided for by legal standards, the legal personality of a legal entity can occur and be acquired through its participants, for example, in the case of full partnerships or the same partnerships, but in full faith.
- In agreement with paragraph 3 of Article 53 of the Code, a person speaking on behalf of the organization (by virtue of a law or the provisions of constituent documents) must act purely in the interests of the legal entity presented by him in good faith and reasonably.
The implementation mechanism is of both scientific and practical interest, since it answers the question of how a legal entity will enforce its legal personality.