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On the Structure of Legal Personality of a Legal Entity and Forms of Joint Activities of Business Companies
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On the Structure of Legal Personality of a Legal Entity and Forms of Joint Activities of Business Companies
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900028794-7
Publication type
Article
Status
Published
Authors
Vladimir K. Andreev 
Occupation: Leading Researcher
Affiliation: Institute of State and Law, Russian Academy of Sciences
Address: Moscow, Russia
Edition
Volume 28 No. 3
Pages
56-67
Abstract

The article substantiates the need to regulate the structure (content) of the legal personality of a legal entity in the Russian Civil Code and, in particular, one of its elements — a legal provision, which, unlike the legal capacity of a legal entity, establishes a set of rights and obligations characteristic of a certain organizational and legal form of a legal entity. In addition, the legal status of a legal entity determines its position in civil turnover as the bearer of a certain object of civil rights (monopoly position, participation in the cooperative creation of a single product), it is impossible to talk about the turnover of a legal entity.

Association (union) as a form of entrepreneurial activity coordination within a specially created legal entity, due to the additional costs of its maintenance, it is not widely used. Moreover, the authority of the parent organization to determine the decision of the organizations that are part of the organizational structure of the military-industrial complex is not designated in the Civil Code of the Russian Federation as an element of competence.

The purpose of the study is to develop a modern understanding and to consider the forms of legal interaction of associations of legal entities in the process of joint activities.

When studying the norms on a legal entity contained in the Russian Civil Code and other acts on their types, types, system-structural, concrete-historical, comparative-legal methods of scientific cognition of legal phenomena were used.

Keywords
legal entity, elements of legal personality, legal capacity, legal status, civil rights and obligations, competence of the bodies, organizational and legal form, association of legal entities, relationship of connectedness, decision of the parent organization
Date of publication
11.03.2024
Number of purchasers
6
Views
129
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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2. Andreev V. K. The concept of a legal entity in the draft Civil Code of the Russian Federation. Rossijskoe pravosudie, 2012, no. 12, pp. 18—25. (In Russ.) 
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4. Andreev V. K. Subjective civil law and other manifestations of will and interests in the activities of a legal entities. Journal of Russian Law, 2018, no. 8, pp. 58—68. (In Russ.) DOI: 10.12737/art_2018_8_6. 
5. Gutnikov O. V., Alimova D. R., Ayurova A. A. et al. Review of the XII Annual Scientific Readings in Memory of Professor S. N. Bratus on “Problems of Legal Personality in the Modern Stage”. Journal of Russian Law, 2018, no. 1, pp. 62—84. (In Russ.) 
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7. Shitkina I. S. (ed.). Corporate law. The training course. Vol. 1, 2. Moscow, 2017—2018. (In Russ.) 
8. Kulagin M. I. State-monopolistic capitalism and a legal entity. Selected works on stock and trade law. 2nd ed. Moscow, 2004. 329 p. (In Russ.) 9. Laptev V. A. Corporate law. Legal organization of corporate systems. Moscow, 2019. 381 p. (In Russ.) 
10. Lomakin D. V. Commercial corporations as subjects of corporate relations. Moscow, 2020. 146 p. (In Russ.) 
11. Mkhitaryan A. G., Yamasheva E. V. Review of the XVII Scientific Readings in the Memory of Professor S. N. Bratus on the Topic “Ideas and Traditions of Russian Civil Law: Frontiers of Epochs and New Horizons”. Journal of Russian Law, 2024, vol. 28, no. 1, pp. 53—80. (In Russ.) DOI: 10.61205/jrp.2024.1.3. 
12. Khokhlov E. S. The dominant position of an economic entity in competition law. Cand. diss. thesis. Moscow, 2023. (In Russ.)

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