TO THE PROBLEM ABOUT THE VOLUME OF CIVIL CAPACITY OF (ENTERPRISE) LEGAL ENTITIES OF PRIVATE LAW: COMPARATIVE EXPERIENCE OF LEGISLATION OF THE FOREIGN STATES
Journal Title: Порівняльно-аналітичне право - Year 2016, Vol 6, Issue
Abstract
On the basis of analysis of the contents of current domestic and foreign legislation in relation to the specificity of status of separate legal forms of organizations is drawn a conclusion about actuality of question of lineation of volume of civil legal capacity of organizations, question of limitation of her volume by the regulation aim of their activity has been formed. There is an urgent question of committing by the legal entity transactions outside its statutory objectives (about the essence of the so-called «nonstatutory transactions») and the consequences of committing such transactions. Taking into account the state of current civil legislation of Ukraine in relation to the legal entities of private law, there is an actual question not about unreality of «unregulatory agreements», but about the consequences of legal «transactions, that feasance with exceeding by the legal entity of the plenary powers and that conflict with interests of legal entity». For its implementation it is suggested to complement the civil legislation of Ukraine with a norm about the dispute by the organs of legal entities with exceeding by them the plenary powers of legal transactions in a situation, when a legal entity will prove that the third person knew or on all circumstances could not but know about such limitations.
Authors and Affiliations
С. О. Іванов
Keywords
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