Status prawny spółki cywilnej jako beneficjenta pomocy dla rolników (zagadnienia wybrane)

2018 ◽  
Vol 72 ◽  
pp. 165-177
Author(s):  
Izabela Hasińska
Keyword(s):  
Civil Law ◽  
Theory And Practice ◽  
Separate Entity ◽  
Private Partnership ◽  
Legal Personality ◽  
Organizational Unit ◽  
Legal Nature ◽  
Agricultural Producer ◽  
Legal Entities ◽  
Agricultural Subsidy

The paper discusses the issues relating to classifying a private partnership as a separate entity – an agricultural producer. Such a classification affects the existing arrangements both in civil-law theory and practice. It goes beyond the traditional division of legal entities into natural and legal persons and confers upon a private partnership the features of an individualized and specific organizational unit. It also excludes a partner (or partners) of a private partnership from the group of entities eligible to apply for and to be granted an agricultural subsidy, which consequently results in questing statutory rules of cooperation within a private partnership. The paper aims at assessing the laid down criteria and indicating solutions relating to various opinions on legal nature of a private partnership. Additionally, the article points out the regulations which decide about the active capacity of a given entity. The Author concludes that a private partnership is nothing other than a form of cooperation among entrepreneurs-partners. If there is no entity but only the obligation to cooperate, it makes it difficult to give such an obligation a status of an agricultural producer. The legal construct of this relationship includes a clear regulation specifying who and how acquires the rights – the entitled partners and for the benefit of partners. Granting legal personality to a private partnership is against the intention of the legislator.

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

scholarly journals Sources Of Corporate Law Of Ukraine : Features Of Systematization

2019 ◽  
pp. 49-58
Author(s):  
O.S. Oliinyk
Keyword(s):  
Civil Law ◽  
Corporate Law ◽  
Corporate Education ◽  
Public And Private ◽  
Legal Personality ◽  
Private Interests ◽  
Judicial Practice ◽  
Legal Nature ◽  
Structural Parts

In the article research is carried out and such fundamental legal category as «source of right» is analysed. A concept «source of right» is today multidimensional, can be examined as in wide so in a narrow value. On the specific of sources of right can influence him branch belonging. In the presented article the «source of right» is examined in a formal aspect and answers formal definiteness. On the basis of the general theoretic going near a concept «source of right» a concept «source of corporate law» is certain in the article. Drawn conclusion, that source corporate it is an external form of expression of norms of corporate law. It is marked that legal nature of sources of corporate law is related to the concept of corporate law and concept of corporate legal relationships. The concept of the system of sources of corporate law is offered in the article. Signs over of the system of sources of corporate law are brought. Criteria are marked for classification of sources of corporate law, that are in basis of the system. Drawn conclusion, that basic structural parts of the system of sources of corporate law are normatively-legal acts, corporate acts, normative agreement, corporate customs, judicial practice. In the article the author supported the position that corporate law is an integral part of civil law. Therefore, the sources of corporate law are an integral part of civil law sources. The author divides the sources of corporate law for their legal force, under the subjects of rulorcreativity, by means of acceptance, for the purpose of adoption. The article emphasizes the importance of corporate acts in the regulation of corporate legal relations. Corporate acts in the article are considered as actions aimed at emergence or realization of corporate legal personality of participants of corporate education. It is concluded that corporate acts have a contractual, and not a lawful nature. It is stated that when creating corporate acts both public and private interests of interested participants are taken into account.

Problems of participation of legal entities in civil turnover

2021 ◽  
Author(s):  
Anna Kachalova ◽  
Tat'yana Soyfer
Keyword(s):  
Corporate Governance ◽  
Law Enforcement ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Personality ◽  
The Status ◽  
Legal Forms ◽  
And Control ◽  
Authorized Capital ◽  
Legal Entities

The textbook contains general provisions on legal entities, including the nature of legal entities, their creation and termination, classifications, and features of the status of corporate and unitary legal entities in general and their individual organizational and legal forms in particular. Special issues related to the legal regime of the authorized capital of a legal entity, corporate governance and control, transactions requiring special approval, and transactions with large blocks of shares, etc. were also considered. Considerable attention is paid to the most pressing problems of the participation of legal entities in civil turnover, which are revealed on the basis of the analysis of doctrinal positions and law enforcement practice. For those studying civil law disciplines, practicing lawyers and anyone interested in the peculiarities of the legal personality of legal entities and the problems of their participation in civil turnover.

scholarly journals The Legislative Regulation of the Status of Joint Ventures in the USSR

Legal Concept ◽  
2019 ◽  
pp. 61-67
Author(s):  
Tatiana Krasilnikova
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Civil Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Business Associations ◽  
Legal Literature ◽  
Legal Nature ◽  
The Status ◽  
Legal Space

Introduction: the paper is devoted to the joint ventures, international economic associations established and operating in the territory of the USSR. It is one of the first studies in the modern legal literature devoted to the analysis of the Soviet legislation determining the status of these types of economic entities. The aim of the study is to determine the legal nature of the joint venture as a legal entity, to identify the features of its legal capacity from the perspective of the civil law theory and practice. Results: the main problems that arise in the creation and operation of joint ventures, as well as the existing gaps in the Soviet legal space in the mechanism of the legal regulation of the organization and activities of entities with foreign participation are revealed. The peculiarity of the policy of the Soviet state in relation to business corporations, including joint ventures and international business associations, was a combination of administrative, legal and civil law methods of regulating their organization and activities.

scholarly journals Compensating a Legal Person for Moral Damage in Jordanian Law

2022 ◽  
Vol 15 (2) ◽  
pp. 1
Author(s):  
Mohammad Mahjoob Almaharmeh
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Legal Person ◽  
Multiple Forms ◽  
Legal Personality ◽  
Natural Person ◽  
Legal Nature ◽  
Legal Texts ◽  
Moral Damage ◽  
Multiple Meanings

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.

State-Private Partnership in the Field of Culture: Theory and Practice Problems

2010 ◽  
pp. 10-13
Author(s):  
Olga N. Astafieva
Keyword(s):  
Theory And Practice ◽  
Moscow Region ◽  
Culture Theory ◽  
Private Partnership ◽  
The Town ◽  
Practical Conference

On the Second Inter-regional scientific and practical conference Development of state and private partnership in culture branch: Theory, Reality and Prospects, held in the town of Chekhov, Moscow region on August, 11th, 2010.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

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.

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