About some problems of the legal person it the Russian civil law: christian and law aspects

Author(s):  Yu.N. Andreev, Dr., Prof., Voronezh state court, Voronezh, Russia, andreevvrn3@yandex.ru

Issue:  Volume 43, №1

Rubric:  Actual Problems of Legal Regulation

Annotation:  Article tells us about legal person concept in the Russian civil law. Using results of the perennial science discussion, author tries to give his own legal person concept. Legal person is a unique combination of the legal form and real content, legal tool for possession consolidation, collective intension for results in the sphere of production, management, culture, science, social security and other ways of the human activity, that doesn’t contradict law. Legal person is a legal concept, legal form and legal tool for collective (un-ion) formation human rights and obligations, insular possession, taking part in the industry from its own name, reply for constitutors (members) and other persons using its own possession in the case of the civil personality. Law tool is a complex of the material and process tools (instruments, approaches, procedures, guaranties) that provide normal realization and defense of the human rights and legal interest, giving and realization legal obligations. Legal interest is a non-contradictory to law, law principles and moral inten-tion of the legal subjects achievement (realization) positive purposes, satisfaction of property and non-property needs, orientation of the activities of the people and legal persons, public law persons (including international subjects) to positive personal and common results

Keywords:  legal person, separate possession, civil law legal personality, possession responsibility, legal fiction

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