Legal structure corporate legal entity
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Legal structure corporate legal entity
Annotation
PII
S013207690000246-2-
Publication type
Article
Status
Published
Authors
V. Andreev 
Affiliation: Russian state University of justice
Address: Russian Federation, Moscow
Edition
Pages
73-80
Abstract

The article suggests a system of legal personality forms contained in the Civil Code of the Russian Federation, which generally characterizes the legal status of a corporate legal entity (corporation). The author proceeds from the understanding of the legal entity as an association of persons who actually exist in the social and economic life of society, and not a legal fiction. For the first time in the literature, along with the corporation's bodies in the legal entity, its employees and labor collective are designated, whose efforts both exercise rights and fulfill duties. Differences in the legal regulation of internal relations in corporate and unitary organizations are established.

   The following elements of the legal status of a corporate legal entity are distinguished:

   rightfulness, which makes it possible to acquire civil rights and impose on the corporation civil obligations related to the activities defined in the statute;

   the powers of the bodies of the corporation, which together constitute competence;

   rights and obligations of the participants of the corporation, which are subdivided into management (item 4 and item 4 of article 65.2 of the Civil Code of the Russian Federation) and property, civil law;

   the rights of members of the supervisory and other council of the corporation.

   Separately, the authority to speak on behalf of a legal entity as a special subjective right.

   This way of protecting civil rights is disputed as the restoration of corporate control.

Keywords
legal entity, corporate organization, corporation, law, authority, body of a legal entity, corporation body, employee of a legal entity, corporate governance
Received
31.07.2018
Date of publication
09.10.2018
Number of purchasers
12
Views
3031
Readers community rating
0.0 (0 votes)
Previous versions
S013207690000246-2-1 Дата внесения правок в статью - 31.07.2018
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References

1. Tolstoj Yu.G. K. Vazhno obespechit' edinoobrazie sudebnoj praktiki // Zakon. № 11. 2009. S. 13.

2. Vil'danova M.M. Prava i obyazannosti uchastnikov (uchreditelej) kommercheskikh organizatsij // Yuridicheskie litsa v rossijskom grazhdanskom prave. T. 2. M., 2010. S. 155.

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