ABOUT SOME PROBLEMS OF THE LEGAL PERSON IT THE RUSSIAN CIVIL LAW: CHRISTIAN AND LAW ASPECTS

Author(s):  
Yu.N. Andreev ◽  
Keyword(s):  
2021 ◽  
Vol 9 (1) ◽  
pp. 13-23
Author(s):  
Cristian Macsim

The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, autonomous companies, companies, are participants as legal persons in private law relationships. Legal persons are the entities provided for by law, as well as any other legally-established organisations which, although not declared by law to be legal persons, fulfill all the conditions provided for by the Civil Code and the relevant legislation. The present article aims to present the specific rules for the establishment and functioning of a legal person, as well as issues related to classifications and constituent elements, and to their liability for legal acts or deeds performed.


2021 ◽  
Vol 43 (4) ◽  
pp. 147-156
Author(s):  
Marcin Podleś

The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.


2019 ◽  
Vol 2 (1) ◽  
pp. 67-81

This essay analyzes legal nature and grounds of nullity of transactions according to the civil legislation of Ukraine and modern civil law achievements. Correlation between invalid, void and illegal transactions is set. It establishes the specifics of invalid transactions, that demarks them from other similar legal categories. The essay discloses gaps and contradictions in the legislation of Ukraine, while pointing out different approaches of the application of law by the courts when it comes to the nullity of transactions, as well as offers solutions as to its improvement. The legal nature of articles of incorporation (articles of association, except for the articles of association ofa partnership) is analyzed. And issue of possibility to use provisions as to invalidity of transactions to invalidating the incorporation documents of a legal person and/or decisions of the general meeting of the partnerships is set.


Author(s):  
Clair Valverde Pereira

Resumo: Este artigo aborda a controvérsia da aplicação do Código de Defesa do Consumidor às relações jurídicas contratuais no âmbito do mercado de derivativos, tendo em vista os tipos de operações efetuadas, o hedge (proteção), a arbitragem e a especulação. A princípio poder-se-ia pensar que são todos contratos empresariais, em que se busca o lucro, mas através do estudo, usando a título de exemplo o contrato de swap, típico para operações de hedge, chega-se à conclusão que estas operações podem se enquadrar na relação de consumo. Essa conclusão decorre, levando-se em conta uma pessoa jurídica que busca uma instituição financeira para realizar um contrato swap, da adequação ao conceito de consumidor, bem como de produto e serviço prestado, qual sejam, respectivamente, a proteção e o conhecimento técnico e estrutura de gerenciamento de risco que a instituição possui, o que quase sempre leva à uma hipossuficiência técnica do contratante. Assim, a relação de consumo é aceitável e de possível aplicação no mercado de derivativos, mas somente nas operações de hedge, em que se busca um produto, a proteção, e o serviço, o conhecimento técnico da instituição. Portanto, colocam-se em xeque os argumentos de que o direito fundamental da proteção ao consumidor, através do Código, não se estenderiam ao âmbito do mercado de derivativos, fazendo incidir apenas as normas do Direito Civil.Abstract: This paper discusses the application of the controversy of the Consumer Protection Code to contractual legal relationships in the derivatives market, in view of the types of operations performed, the hedge (protection), arbitrage and speculation. At first it may be thought that are all business contracts, which seeks to profit, but through study, using as an example the swap agreement, typical for hedge transactions, one comes to the conclusion that these operations they may fall in consumption ratio. This conclusion follows, taking into account a legal person seeking a financial institution to hold a swap contract, the adequacy consumer concept and product and service, which are, respectively, the protection and the technical knowledge and risk management framework that the institution has, which almost always leads to a contracting technique vulnerability. Thus, the consumption ratio is acceptable and possible application in the derivatives market, but only in hedging transactions, which seeks a product, protection, and the service, the expertise of the institution. So put yourself in check the argument that the fundamental right of consumer protection, through the Code, does not extend the scope of the derivatives market, making only focus the rules of civil law.


JURIST ◽  
2021 ◽  
Vol 5 ◽  
pp. 30-36
Author(s):  
Diana O. Osmanova ◽  

The author defends the position that it is inadmissible to identify the mechanisms of bankruptcy and enforcement proceedings, examining the aspects of the permissibility of initiating bankruptcy proceedings by the bankruptcy creditor of the debtor, a legal person whose claims are based on a judicial act that has entered into force, according to which the possibility of enforcement has been lost. The article proves that, in view of the function that the insolvency process performs for corporations, the initiating creditor should not be limited by the rules of limitation, since it actually acts in the interests of the civil law community, which unites all creditors of the debtor.


2021 ◽  
Vol 8 ◽  
Author(s):  
Sergio M. C. Avila Negri

This paper seeks to investigate the proposal to create a legal (electronic) personhood for robots with artificial intelligence based on the European Parliament resolution with recommendations on Civil Law and Robotics. To this end, we highlight the various risks and problems present in this type of initiative, especially in view of the current trend of expanding legal subjectivity in various jurisdictions. In addition to an anthropomorphic rhetoric, we can observe the prevalence of a pragmatic line that seeks to be guided, mainly, by the model of corporations, without taking into account, however, problems present in the process of embodiment of companies and the particular function of the term legal person in the grammar of Law.


2022 ◽  
Vol 15 (2) ◽  
pp. 1
Author(s):  
Mohammad Mahjoob Almaharmeh

The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.


2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Ксения Чернова ◽  
Kseniya Chernova

Presented article is devoted to consideration of the reasons for the emergence of isolated divisions of legal person, analysis of normative acts regulating their activities at different stages of the historical development of civil law for the purpose of detecting the most stable features for further development of this legal Institute


Author(s):  
Halimah Humayra Tuanaya
Keyword(s):  

ABSTRACTPenelitian ini menjelaskan konsep pertanggungjawaban korporasi dalam hukum pidana yang merekonstruksi teori dan doktrin hukum lama untuk diterapkan dalam korporasi. Hukum pidana mengesampingkan untuk mengadaptasi prinsip personalitas korporasi menyebabkan  konsep pertanggungjawaban korporasi bergantung pada konsep personalitas dalam hukum pidana.Tatanan praktis dalam pertanggungjawaban pidana korporasi akan selalu lepas dari jeratan hukum oleh karena penerapan konsep personalitas pada penegakan hukumnya. Penelitian ini menggunakan metode penelitian kualitatif dengan berbasis data kepustakaan serta emperis dengan melihat fakta-fakta kasus yang terjadi. Penelitian ini menunjukan pertama, dalam penerapan pertanggungjawaban pidana korporasi, korporasi dianggap sebagai entitas yang sama dengan personal yang ada didalamnya, sehingga korporasi tidak dapat menjadi subyek hukum yang melakukan tindak pidana. Kedua, melalui kritik kesalahan dalam ajaran normatif seyogyanya korporasi dapat dipertanggungjawabkan tanpa mengaitkan korporasi dengan pengurus yang mengelola korporasi. Kata Kunci : Pertanggungjawaban pidana, Legal Person, Pidana Korporasi


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