Dolinskaya V.V. General Characteristics and Legal Personality of Legal Entities: Innovations of Civil Legislation
Dolinskaya Vladimira Vladimirovna
Doctor of Juridical Sciences, Professor, Department of Civil Law,
Kutafin Moscow State Law University
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Sadovaya-Kudrinskaya St., 9, 129085 Moscow, Russian Federation
Abstract. This article analyzes the innovations of the civil legislation on the concept and characteristics of a legal entity, the nature and content of its legal personality. The advantage of the new edition of the Civil Code of the Russian Federation consists in the attempt to modernize the legislation, to correlate the norms of the different chapters of the Civil Code, to unify the rules on legal entities contained in different laws. The disadvantage, in our opinion, is connected with the facts that a number of issues remain unresolved, incorrect definitions are given, the attention is paid to the procedural rather than substantive issues. In the author’s opinion, the possibility of novel legal pluralism personification is controversial, and persons acting on its behalf may act jointly or independently of each other. This procedure lowers the level of the organization to the treaty of association (simple partnership agreement and so on). The innovations of the Civil Code are numerous and are still subject to reflection on the doctrine and practice. The advantage of the new edition is that the attempt to modernize legislation aligns with each other the norms of different chapters of the Civil Code, the unification of the rules contained in different laws.
Key words: responsibility, legal status, legal personality, legal person, innovation of legislation.
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