Citizens are not the only subjects of civil law. There are also various public associations, unions and groups having the status of a legal entity. What features and signs are characteristic of the represented subjects? Do they have rights or obligations? In this article, legal entities as subjects of civil legal relations will be examined in detail.
General characteristics of a legal entity
Individuals and legal entities are subjects of civil legal relations. A legal entity is an organization recognized by the state as a special legal entity. Such a person has separate property, and is also independently responsible for his powers and obligations. A legal entity must act in a civil circulation on its own behalf. According to article 48 of the Russian Civil Code, a legal entity as a subject of civil legal relations can exercise personal non-property or property rights. Moreover, it is able to appear at the trial as a defendant or plaintiff. What other signs are characteristic for a legal entity?
Signs of a legal entity as a subject of civil relations
Any legal entity has a number of important signs and features. The first sign is the presence of organizational unity. In fact, the organization of the subject of civil relations is a single whole with a clearly structured structure. Unity is necessary for solving assigned tasks and achieving certain goals with the help of face management.
The second important sign is property isolation. It is the ownership of the subject in question is a prerequisite for the participation of a legal entity in the turnover of civil cases. The property belongs to the subject of relations by the right of ownership, as well as by the right of operational management. From the presented sign follows another one related to property liability. So, a legal entity or its founders bear subsidized liability for illegal or improper handling of property.
The last sign is associated with the ability to appear in civil circulation on their own behalf. As a result, it is possible to fulfill duties, as well as acquire and exercise certain rights.
The concept of legal personality
Any legal entity as a subject of civil legal relations has legal capacity. These two concepts, in turn, form a legal personality.
The legal capacity of a legal entity is the opportunity to have civil duties and rights. Such an opportunity can be general and special. The right to implement any type of activity that is not prohibited by law is included in the general legal capacity category. Occupation by narrowly focused and licensed types of activity is included in the special legal capacity group.
Restriction of a legal entity as a subject of civil legal relations in its own rights is allowed only by a court decision. Such a decision may be challenged.
Individualization of legal entities
Having dealt with the concepts and types of legal entities as subjects of civil legal relations, we should move on to the concept of individualization. This is the process of distinguishing an organization from many other legal entities. Such a selection is possible only by assigning a name and determining the location.The individualization procedure itself is enshrined in article 54 of the Civil Code of the Russian Federation.
What are the requirements for the name of a legal entity? First, it should have an indication of the organizational form and type of person. The direct name of the organization should be abbreviated: LLC, JSC, NPO, etc.
The place where the legal entity is located must be registered by the relevant state authorities, and also entered in a special register. Special requirements for the space where the legal entity may be located are not fixed by law.
Another element of individualization is the manufacturing brand. It should include a verbal way of individualizing the goods: address, standards, consumer properties, name, etc.
Formation of a legal entity as a subject of civil relations
The concept of a legal entity is enshrined in Chapter 5 of the Civil Code of the Russian Federation. It also provides information on the creation of such a person. According to Article 50.1, for the formation of the subject of civil relations must be present the relevant decision of the founder or group of founders. The charter, as well as the procedure, method and size of the formation of the property of the person must be written and approved.
A significant role is played by the registration process of the subject of civil relations. Registration data is included in the state register of legal entities. Denial of registration may be challenged in court.
Reorganization and liquidation
In what cases and how can a legal entity be liquidated as a subject of civil legal relations? A short answer is provided by article 61 of the Russian Civil Code.
There are two reasons for the liquidation of a legal entity. This is a joint and voluntary decision of the founders or a court order. In the first case, the organization is liquidated due to the complete achievement of the goals or, conversely, their complete failure. A court ruling is issued in the presence of proven offenses committed by representatives of a legal entity as subjects of civil legal relations. Exchange differences as a cause of degradation of the organization, bankruptcy, mismanagement - these are just a small part of the reasons due to which the legal entity can be liquidated.
And what is known about the reorganization? According to the law, such a process can take several forms. This is the merger of two persons into one, the division of one organization into several parts, the separation of a subsidiary or dependent person, as well as the transformation from one form to another. All reorganization processes must also be formalized and registered.
Legal entity: main types
In civil law, there are several groups that include legal entities as subjects of civil legal relations. Types of legal entities were identified by legal experts in several classifications. The first classification is related to the objectives of the activity. So, all legal entities are divided into non-profit and commercial. The main goal of non-profit individuals is to achieve certain results that are not related to profit. Subjects of a commercial nature are aimed only at earning finance. The profit obtained in such organizations is distributed among the participants, while the earnings of non-profit individuals go to achieve the goals for the achievement of which the organization was formed.
There is another classification, according to which, legal entities are divided depending on the nature of the powers of the founders. Members of the organization may have the following types of rights:
- obligatory powers (cooperatives, partnerships and business entities are created);
- real powers (institutions and unitary enterprises are formed);
- lack of authority (public associations and foundations are created).
Depending on the participation of a personal or property nature, legal entities are divided into partnerships and societies.Depending on the form of property - to state, municipal and private organizations.
Partnerships as Commercial Corporate Organizations
A little more should be told about each individual type of legal entity as a subject of civil legal relations. The legal status of commercial corporate organizations depends on the shape of the person. So, there is a full partnership - an organization whose members are engaged in entrepreneurship and are responsible for property obligations. Management of such a person is carried out by mutual agreement of all participants.
There is also a partnership in faith - the so-called limited partnership. The participants here are also engaged in entrepreneurship. However, the risk of losses is not all, but only some members of the organization - the so-called commandants. The rest are entrusted to them by their property.
Other commercial corporate organizations
The number of commercial corporate organizations also includes peasant farming - a number of farmers registered as legal entities. Here it is worth highlighting a limited liability company - an economic organization whose capital is divided into parts, and participants should bear the risk of losses only in their shares.
Another form of this type of legal entity is a joint-stock company. This is an organization whose authorized capital is divided into shares, and participants bear risks only within their own shares.
Unitary enterprises
Unitary enterprises are commercial organizations not endowed with property rights to the property of its members. Moreover, the property of the enterprise itself is indivisible. It is in state or local government ownership. The organization itself is liable for its own obligations for property owned, but is not liable for the obligations of owners.
The main forms of unitary enterprises are municipal and state. On the basis of one of these forms, a state-owned unitary enterprise can be created.
As in the case of other legal entities, the constituent document of the enterprise is the charter. It is approved by the local municipal or state body.
Types of Nonprofit Organizations
There are several forms of non-profit organizations. The first and most common form is a consumer cooperative. This is an association of citizens or legal entities based on membership of a voluntary nature. The material needs of the members of the cooperative are met through property share contributions.
It is also worth noting public organizations. These are associations of citizens formed on the basis of voluntariness and commonality of interests to meet the needs of an intangible nature. The participants in such an organization do not have property rights to the property transferred to them.
What else is included in the group of nonprofit legal entities? These are unions and associations, social movements, Cossack societies, real estate partnerships, lawyers chambers and associations, notarial chambers, various foundations, religious organizations, as well as indigenous peoples.