А Civil Law Personality Of Institutions As Non-Entrepreneurial Legal Entity

  • O.M. Stratiuk
Keywords: non-entrepreneurial legal entity, institution, civil law personality, legal capacity, legal ability.

Abstract

The article deals with scientific views on the legal aspects regulation a civil law personality of institutions as non-entrepreneurial legal entities. The concept, meaning and general features, of a civil law personality of institutions as non-entrepreneurial legal entities are investigated.

There is conducted the investigation of the civil legal capacity of the institutions as non-entrepreneurial legal entities and determined its concept, types and peculiarities of restriction.

The author concludes that the structure of civil law personality of institutions includes such elements as legal capacity and legal ability. The moment of emergence of legal capacity and legal ability differs in time. Despite the fact that the main act of civil law declares the principle of universal civil law personality for all legal entities, it is argued that some legal entities, such as non-entrepreneurial legal entities, are characterized not by universal but by special civil law personality. Therefore it is claimed that the civil law personality of the institution is special. The civil law personality of institutions is that institutions can not carry out any activities, but only those that are directly related to the purpose of creating a particular institution and are relevant to the scope of the institution.

The article also reveals the theoretical and legal analysis of the concept, features and form types of the realization of civil personality of institutions. Realization of the civil legal personality of institution depends on its specific type.

The author consider that the tendency to assign property to institutions on the right of ownership will contribute to the independence of their civil liability. This, also, reduce the application of subsidiary liability of founders for its obligations.

Published
2020-02-28