THE CORPORATE LEGAL ENTITY: THEORETICAL AND LEGAL ANALYSIS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The term «corporation» passed the difficult period of development in the legal system of Ukraine. Today this term is generally accepted, but exposed to the processes of transformation. These arguments stipulate the necessity of research of concept «the corporate legal entity». It is established, that the criteria of belonging of legal entities to corporate need to be exposed by means of signs of these legal entities. These signs are presented in legal literature in different variants. Among these signs it is indicated: association of persons and capitals; joint aim; difficult corporate management; capital that is formed from property payments of founders (participants). An author is support the scientific position, that these signs for belonging of legal entity to the corporation not enough. The scientific set, that the basic sign of corporate legal entity is a presence of property and non property corporate rights Thus, the definition of the «corporate legal entity» should be based on the sign of the presence of property and non property corporate rights of founders (participants) of legal entity. As a result, an author drew conclusion, that term «the corporate legal entity» and concept «the entrepreneurial legal entities of Private Law» have identical constitutive signs – property and non property corporate rights of founders (participants) of legal entity.
Authors and Affiliations
А. В. Зеліско
Keywords
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