scholarly journals Theoretical And Legal Approaches To The Concept Of «Corporation» In Legal Families

2019 ◽  
pp. 65-76
Author(s):  
O.M. Stratiuk
Keyword(s):  
Legal System ◽  
Trade Unions ◽  
Limited Liability ◽  
Business Associations ◽  
Legal Entity ◽  
First Case ◽  
Anglo American ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities. In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations. The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».

scholarly journals General And Limited Partnerships: Features Of Legal Regulation In Ukraine And European States

2021 ◽  
pp. 130-142
Author(s):  
V.V. Anatiichuk
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
Joint Activities ◽  
The Status ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article focuses on one of the corporate forms of entrepreneurial activity - general and limited partnerships. Limited liability companies and joint stock companies are among the most popular legal forms of companies. However, the development of Ukrainian legislation moves in the direction of creating a system of different forms of entrepreneurship, which are aimed at different needs and interests of their founders. Such forms of entrepreneurship exist and operate successfully in Europe. Carrying out a comparative analysis in the article allows the author to confirm the existing thesis that there is no single vector in European countries concerning the legal status of these partnerships. Some states define these partnerships as legal entities, others - as a form of joint business activity. It is emphasized in the article that the European legal space is characterized by the use of the concept of defective legal entity. The author perceives any of these European approaches, but points to the need for its consistent reflection in all legal acts that determine the status of general and limited partnerships. The article supports the assertion formed in the scientific literature about the criticism of domestic legislation on general and limited partnerships. Such criticism concerns to those norms of Ukrainian legislation, which use untypical provisions for legal entities. All existing researches are directed to one aim - to develop a single vector in the regulation of general and limited partnerships. They should be regulated either as legal entities or as forms of joint activity on the basis of an agreement. The author states that the main attention in granting general and limited partnerships the status of a legal entity should be focused on clear boundaries between the liability of a legal entity and the subsidiary liability of its members. The article supports leading scholars’ critical assessment of the legislative definition of general partnerships as an association of persons for joint business activities. Based on the analysis of the definitions of a general partnership in EU law (for example, France), it is proposed to define a general partnership as an association of persons engaged in business activities through joint contributions of all participants (full partners) and their subsidiary liability for the company’s obligations. This wording indicates that the partnership itself carries out business activities, and not its members. The author also does not deny the possibility of introducing general and limited partnerships as associations of persons on the basis of an agreement on joint activities. At the same time, it is noted that all norms of national legislation should consistently adhere to such concept.

scholarly journals COMMERCIAL ORGANIZATIONS IN THE CIVIL CODE OF HUNGARY

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Тамара Меркулова ◽  
Tamara Merkulova
Keyword(s):  
Limited Liability ◽  
Civil Code ◽  
Business Partnerships ◽  
Non Profit ◽  
Commercial Activities ◽  
Legal Forms ◽  
The Right ◽  
Limited Partnerships ◽  
Commercial Organizations ◽  
Legal Entities

The article is about the forms of joint commercial activities, contained in Book 3 “Legal Entities” of the Civil Code of Hungary, which came into force in March, 2014. The Code does not divide legal entities into commercial and non-profit organizations. On the basis of the analysis of the list of legal forms of commercial organizations the author distinguishes legal entities, whose activities are aimed at receiving profits. These forms are: business partnerships, cooperatives, business combinations and groups of enterprises. The article describes general conditions, which are typical for all forms of commercial legal units. The article pays much attention to business partnerships and their types, such as simple partnerships, limited partnerships, limited liability partnerships and joint – stock companies. The article describes some important changes in the field of commercial legal entities. For example, according to the Civil Code of Hungary simple partnerships and limited partnerships are vested with the right of legal entities. Besides, the Civil Code introduces a new for the Hungarian legislation form of commercial activities between organizations which is called a group of enterprises.

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

2021 ◽  
Vol 14 (2) ◽  
pp. 52-58
Author(s):  
MARIETTA SHAPSUGOVA ◽  
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Complete Separation ◽  
Socialist Economy ◽  
Legal Entity ◽  
Legal Personality ◽  
Long Time ◽  
Law And Legislation ◽  
Market Relations ◽  
Legal Entities

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

scholarly journals Non-Entrepreneurial Legal Entity: The Theoretical And Legal Analysis Of The Concept And Characteristics

2019 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak
Keyword(s):  
Social Life ◽  
Scientific Work ◽  
Legal Analysis ◽  
Legal Entity ◽  
Legal Model ◽  
Level 3 ◽  
Business Entities ◽  
Legal Forms ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the theoretical and legal analysis of issues related to the range of problems connected with development of such legal model as ‘nonentrepreneurial legal entity’. In the scientific work the author makes an analysis of those concepts which are submitted by the leading Ukrainian scholars and concern the formation of civil-law terminology in general and that is applied to the nonentrepreneurial legal entities, in particular. The author has concluded that it is expedient to apply the set of criteria during formation of the non-entrepreneurial legal entity. The article gives the definition of non-entrepreneurial legal entity in the narrow and broad meanings. It is proved that a non-business entity should be singled out as a separate category according to the non-distribution of profit (income) rather than to the specifics of its business activity. The author demonstrates the feasibility to change classification criteria and levels while classifying the legal entities and on the mentioned ground she has singled out: 1) procedure for establishment of the legal entity; 2) structure of the legal entity as a criterion of the second classification level; 3) specific character of the profit distribution as a criterion of the third level of classification. It is based on the argument that non-business entities are an independent group of the legal entities, which is divided into subgroups: the non-business entities of corporate type and the non-business entities of unitary type. Each subgroup of the non-business legal entity distinguishes several legal forms within of which specific types of non-business entities are allocated. The author presents one’s own definition of the non-entrepreneurial legal entity, as a legal entity of public or private law, whether of corporate or unitary type, which is specially established in the different areas of social life and endowed with a special legal capacity. The non-entrepreneurial legal entity shall be entitled to carry out activities with a view to profit but it doesn’t distribute it among participants (members).

scholarly journals RELEVANCE OF LEGAL ENTITY BAIT AT-TAMWIL (BT) BASED SYIRKAH FOR ISLAMIC BANK

2017 ◽  
Vol 96 ◽  
Author(s):  
Burhanuddin Harahap . . ◽  
Luthfiyah Trini Hastuti . . ◽  
Solikhah . .
Keyword(s):  
Islamic Law ◽  
Limited Liability ◽  
Primary Data ◽  
Islamic Banks ◽  
Limited Liability Company ◽  
Group Discussions ◽  
Legal Entity ◽  
Islamic Financial Institutions ◽  
Legal Identification ◽  
Legal Entities

This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at- Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really<br />syar'i.<br /><br />Keywords: legal entities, bait at-tamwil, Islamic banks

scholarly journals Organized Capital and Labor. Activities of Employers Associations of Russia in the Early 20th Century

2018 ◽  
Vol 19 (4) ◽  
pp. 531-555
Author(s):  
Igor Shapkin
Keyword(s):  
Trade Unions ◽  
Practical Importance ◽  
Self Organization ◽  
Late Nineteenth Century ◽  
Early 20Th Century ◽  
Business Associations ◽  
Academic Literature ◽  
European Experience ◽  
Legal Forms ◽  
First Time

Activity of business associations is of great importance in market environment. Academic literature divides these associations into representative and employer. For the first time employers associations appeared in Germany in the late nineteenth century. They were the reaction of the German business for growing working class movement. History has shown that the process of business self-organization increases in terms of aggravation of social, political and economic contradictions. Employers associations had a significant impact on the development of the so-called monarchical socialism in Germany. Having taken on the tasks of regulating labor and distribution relations and protection of the rights of entrepreneurs they facilitated the creation of a new system of entrepreneurs - employees relations. Nowadays employers associations are members of the tri-party relations (business, state, trade unions), in a number of European countries. The article covers the origin, organizational and legal forms and main areas of activity of Russian labor unions in the early twentieth century. The analysis shows that they widely used the European experience in their practical work, developed their own mechanisms of cooperation with wage labor and the authorities. In the context the of modern market economy and emerging civil society, the study of such problems is of actual scientific and practical importance.

scholarly journals Pengaturan Bentuk Usaha Penanaman Modal Asing di Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 179-183
Author(s):  
Hamam Febrian Cahaya ◽  
I Nyoman Putu Budiartha ◽  
Putu Ayu Sriasih Wesna
Keyword(s):  
Foreign Investment ◽  
Research Method ◽  
Service Sector ◽  
Limited Liability ◽  
Export Trade ◽  
Legal Entity ◽  
Positive Law ◽  
Business Entities ◽  
Legal Forms ◽  
Article 5

The regulation on the establishment of a foreign investment business entity in the field of export services trade has been promulgated through Law Number 25 of 2007 concerning Investment, as contained in Article 5 paragraph 2 it is determined that the company defined according to the article which applies to everything or the largest discount in Indonesia as a single entity, the company itself is required to have been formed into a legal entity according to Indonesian positive law and domiciled in Indonesia. This study aims to determine the arrangements for the establishment of foreign investment business entities in the export trade service sector, and to determine the policies and legal instruments implemented by the Regional Investment Coordinating Board in improving the foreign investment climate in the export trade sector. The research method used is the normative legal research method. Sources of legal materials used are divided into primary, secondary and tertiary legal materials. The results showed that the regulation on the establishment of a PMA business entity in the field of export services is regulated in the PM Law in Chapter IV Legal Forms, Position and Business Area, as contained in Article 5 paragraph 2, it is stated that the company referred to in foreign investment is obliged to be in the form of a PT on the basis of positive law in Indonesia and is in the territory of the Republic of Indonesia, unless otherwise stipulated by the Law. Legal entities in Indonesia are limited liability companies that have their own fundamentals as stated in Article 1 of the PT Law is a legal entity that stands on an agreement that carries out active business on the basis of assets that have been divided into capital injected by investors and have met all the requirements stipulated in this law and in its implementing regulations.

scholarly journals DINAMIKA DAN IMPLEMENTASI HUKUM ORGANISASI PERUSAHAAN DALAM SISTEM HUKUM INDONESIA

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Muhibbuthabary Muhibbuthabary
Keyword(s):  
Legal System ◽  
Limited Liability ◽  
Business Organization ◽  
Business Organizations ◽  
Commercial Law ◽  
Coordination Unit ◽  
Goods And Services ◽  
Legal Entities

The legal system in Indonesia explained that the act of commerce is the act of purchasing goods for resale. While the organization is a coordination unit comprising at least two people, has a function to achieve a certain goal or set of tools. the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim of the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim to obtain profit. The company is a business organization that has carried out business activities and continuous, uninterrupted and overt move out with the aim to get benefit. In the Code of Commercial Law mentioned that perbu-atan commerce on the organization of the company is the act of purchase does not include sales deeds, because sales is part of the aim of business. In practice, the legal system of Indonesia has set about permit the establishment and governance of enterprise organizations are legal entities such as limited liability, Firma, cooperatives, foundations, enterprises, and etc. This has been stipulated in the legislation, namely Law Number 3 of 1992 about the Registration Company and Law Number 8 of 1997 concerning Company Documents.

scholarly journals АSPECTS OF THE SUBJECT COMPOSITION OF THE INSTITUTE OF CORPORATE RESPONSIBILITY IN A JOINT-STOCK COMPANY

2021 ◽  
pp. 20-29
Author(s):  
A.S. Prokopiuk ◽  
Keyword(s):  
Corporate Responsibility ◽  
Complex Structure ◽  
Legal Responsibility ◽  
Joint Stock Company ◽  
Business Associations ◽  
Stock Company ◽  
Systematic Analysis ◽  
Legal Entity ◽  
Legal Forms ◽  
The Stability

For a proper understanding of the institution of legal responsibility in corporate relations, it is necessary to clearly define the range of subjects of corporate relations, which, in turn, is determined by the types of corporate relations in which these entities participate. It is the nature of corporate relations that determines the peculiarities of the responsibility of management bodies and persons who manage a joint-stock company. Corporate relations in a joint-stock company arise in connection with the creation, operation and termination of a joint-stock company as a legal entity, an independent legal entity endowed with separate property, which has its own internal organizational structure and acts in economic turnover on its own behalf obligations to creditors. The emergence of a joint stock company as a legal entity, with its members, founders, property owner, members of management bodies, creditors, as well as other stakeholders (stakeholders), causes a particularly complex structure of corporate relations, which can be distinguished not only internal management relations legal entity, but also external relations that ensure the participation of legal entities in economic turnover, as well as organizational and property relations between members of business associations, groups, associated and related companies. Corporate responsibility is one of the most important factors that ensure the stability of corporate relations. This determines the scientific interest in corporate responsibility throughout the history of corporate law, due to the development of organizational and legal forms of economic activity based on corporate relations. A systematic analysis of the current legislation allows to determine the range of subjects of corporate responsibility.

scholarly journals Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine

2021 ◽  
pp. 124-129
Author(s):  
I.T. Hobechia
Keyword(s):  
Public Relations ◽  
Limited Liability ◽  
Legal Regulation ◽  
Scientific Article ◽  
Legal Services ◽  
Legal Aid ◽  
The Status ◽  
The Law ◽  
Legal Forms ◽  
Legal Entities

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity». In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates. At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.

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