Open AccessTHE ASPECTS OF THE INCORPORATION AND TERMINATION OF LEGAL CAPACITY OF A LEGAL ENTITY
Author(s) -
I.D. Kareva
Publication year - 2019
Publication title -
juvenis scientia
Language(s) - English
Resource type - Journals
eISSN - 2414-3790
pISSN - 2414-3782
DOI - 10.32415/jscientia.2019.11-12.04
Subject(s) - presumption , law , legal research , enforcement , legal opinion , legislation , legal profession , empirical legal studies , de facto , political science , legal realism , law and economics , black letter law , sociology , comparative law , private law
In this article, the author considers a different approach from the traditional one to the question of the incorporation and termination of the legal capacity of a legal person. As a result of a systematic analysis of legislation and law enforcement practice, the author concludes that the actual and legal emergence and termination of the legal capacity of the legal entity should be distinguished. At the same time, the presumption of de facto termination of a legal entity is enshrined by law. The author also examined the phenomenon of restoring the legal capacity of a legal entity to the courts.