THEORETICAL AND PRACTICAL PROBLEMS OF QUALIFICATION OF CIVIL LEGAL RELATIONS, THE OBJECT OF WHICH IS THE PERFORMANCE OF WORK OR THE PROVISION OF SERVICES

ТЕОРИЯ ЮРИДИЧЕСКОГО ЛИЦА: ИНТЕГРАТИВНЫЙ ПОДХОД

Anatoliy Kostruba ()

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Abstract: The process of concentration and centralization of the assets, conditioned by the transfer from the homegrown production to the commercial one, has led to the change of economics idea of a legal person, improvement of the legal component of this construction. Without a doubt, with the help of the fiction theory of F.C. Savigny, the main conceptual idea of legal person nature grounding is divulged through the property and monetary means concentration, in the hands of an autonomous subject of the right, limits of civil-legal responsibility of an individual in the resultsof activity of such a subject, which caused a rampant development of this legal construction. However, nowadays we are observing a necessity of positive deformation of this concept. Due to personal special traits which are unlocked in the features of independent legal responsibility and autonomous participation in a civil circulation, a legal person becomes a resource of legal faults in the civil circulation of the connected with it individuals. The compensative factor for this circumstance is the expansion of the limits of legal liability of individuals for the results of activity of a legal person, as well as a fragmentary narrowing of the autonomy of its participation in civil transactions, in particular in termsof protection of their subjective civil rights. Consequently, when determining a modern view on the nature of a legal person, we synthetize the ideas of the fiction theory of F.C. Savigny and the concept of human essence in life of a legal person, developed in the R. Jhering jurisprudence of interests theory into unique integrative theory.

Keywords: legal persons; legal entities; corporations; corporation law (search for similar items in EconPapers)
Date: 2020-12-19
Note: View the original document on HAL open archive server: https://hal.science/hal-03114548
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Published in УЧРЕЖДЕНИЕ ОБРАЗОВАНИЯ «ГРОДНЕНСКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ ИМЕНИ ЯНКИ КУПАЛЫ». Проблемы гражданского права и процесса, pp.79-87, 2020, 2709-2011. ⟨10.5281/zenodo.4448667⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-03114548

DOI: 10.5281/zenodo.4448667

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