That organization which owns, operational management or economic maintaining property and also answers for it for all obligations, can get and carry out it the property and non-property rights, has the status of the legal entity. At the same time the concept of creation of the legal entity provides balance, the estimate at the enterprise, an opportunity to appear in judicial proceedings as the claimant or the defendant. Of course, concepts of the natural and legal entity strongly differ. The person acts as the carrier of the rights and duties, that is a legal entity, and it differs in it from public, official and legal entities. Legal capacity of people receives at the time of the birth. The capacity which becomes full after majority is inherent in it. Citizens, persons without citizenship, foreigners, individual entrepreneurs, founders of legal entities, refugees can belong to natural persons. The difference in a concept of the natural and legal entity at the legal level is so traced.
What characterizes a concept of creation of the legal entity, what features, signs?
Of course, the concept of the legal entity provides a number of signs. Such organization appears in court on its own behalf, that is has a trade name. It possesses the isolated property and answers for the obligations. The civil rights and duties are got by it voluntarily. This expression of desires of participants of the organization. At the same time the property isolation should be considered not only at the real level, but also on obligatory. Money on the account, tenantries and objects is considered. Each participant takes independent property responsibility, it is connected with the fact that property – subject to claims of creditors.
How does the concept of creation of the legal entity depend on types of these persons and their signs?
Creation of the legal entity considers its certain signs which treat:
- governing bodies of the organization;
- the used financial mechanism (defines an order of distribution of profit, responsibility in the organization);
- formation of the capital (basic property);
- documents for establishment and founders (they are called still participants);
- legal status (acts in which the status of the organization is specified).
The legal entity is created at the time of the state registration.
How does the concept of the legal entity correspond to a property turn?
Existence of concepts of the natural and legal entity provides a property turn in the state. When we speak about the legal entity, we mean the merchant and enterprise rights. It became the economic requirement which arose owing to it, economy, rapid development. Association of the large capitals and emergence of persons of type of legal followed. Creation of the organizations of a such type not necessarily sees the purpose receiving profit. The material security of scientific and educational, charitable, cultural and educational and also public work is provided. The main objectives of legal entities – restriction of risk in responsibility according to debt obligations and also effective use of capital investments. Therefore the legal entity is some kind of way of the organization of economic activity which provides personification of property. That is participants are recognized as independent tovarovladelets.