Being one of the main subjectsprivate legal sphere, the legal entity was simply obliged to become the object of numerous researches on the part of both legal scholars and practitioners of this branch. The main issue that determines its status is the legal capacity of the legal entity, as well as the specific scope of its distribution in civil circulation.
Для более полного освещения проблемы следует, в first of all, clearly define the very concept of this phenomenon. Thus, most authors believe that a legal entity should be understood as a special association characterized by three main features: separate property from the founders' assets, the availability of a constituent (organizational) document and complete independence in the fulfillment of intentions. It is on these characteristics that the legal capacity of legal entities is built, one of which determines the classification of species.
The main for determining the legal personalityof the person in question are his constituent (they are also organizational) documents. In fact, the legal capacity of a legal entity is embedded in them. And only with their help state registration authorities determine the range of rights, establishing a general or special kind of rights.
Speaking about the general legal capacity, specialistspoint to the fact that a legal entity has the right to carry out all those actions that lead to the achievement of the desired goal laid down in organizational documents and that do not contradict the provisions of the legislation of the country of operation.
Unlike the first, special legal capacitylegal persons is also laid in organizational documents, but at the same time it clearly regulates the activities that are allowed for the commission. The special kind loosely restricts the set of means that a legal entity can operate. Simply the latter has no right to change its direction autocratically, but is obliged to make changes to the necessary documents. In addition, there is another factor in the allocation of special legal capacity, namely: engaging in activities that fall under the terms of licensing.
However, in either casethe legal capacity of a legal entity originates only when the final decision was taken by the authorized state registration authority and a certificate of passage of the necessary procedures was issued. It is worth noting that this act is accompanied by the emergence of another element of legal personality.
Legal capacity and legal capacitypeople always accompany each other. And if there are certain limitations for a physical person, conditioned by a whole range of factors, then the situation is different with respect to these subjects.
Both legal capacity and legal capacitythe person is limited only to the constituent documents and special permits developed and issued on the basis of the legislation of the country. And, hence, from the moment of the approval of such a legal entity has the whole range of legal personality. But the situation in the representation of a legal entity by its bodies, through which the first and carries out its legal personality, appears somewhat differently.
The main opinion of the legislation on this issueis such that the implementation of the legal personality of a legal entity by its representative bodies is possible only when such actions are laid down in the statutory (organizational) documents. Consequently, the legal capacity of a legal entity can be expressed only through these structures.
