INTEGRATIVE THEORY OF A LEGAL ENTITY: BASIC PROVISIONS

Интегративная теория юридического лица: основные положения

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 results of 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. 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 terms of 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 — the theory of objectiveness of legal person.

Keywords: legal person; fiction theory; real entity theory; subject of the right; subsidiary liability of legal person; legal entities (search for similar items in EconPapers)
Date: 2020-07-23
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Published in Нотариус, 2020, 5, pp.18-61. ⟨10.18572/1813-1204-2020-5-18-21⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02905066

DOI: 10.18572/1813-1204-2020-5-18-21

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