Legal Person Subject to Civil Law

Authors

  • Cristian Macsim Assistant professor at "Stefan cel Mare" University of Suceava - Faculty of Law and Administrative Sciences

DOI:

https://doi.org/10.18662/lumenlaw/9.1/52

Keywords:

legal person, state, company, legal liability, legal subject, capacity to use, capacity to exercise, identifying attributes

Abstract

The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, autonomous companies, companies, are participants as legal persons in private law relationships.
Legal persons are the entities provided for by law, as well as any other legally-established organisations which, although not declared by law to be legal persons, fulfill all the conditions provided for by the Civil Code and the relevant legislation.
The present article aims to present the specific rules for the establishment and functioning of a legal person, as well as issues related to classifications and constituent elements, and to their liability for legal acts or deeds performed.

References

Boroi, G., Anghelescu, C. A., Nazat, B., & Nicolae, I. (2019). Fişe de drept Civil [Civil Law Fact Sheets] (4th edition, revised and added). Hamangiu Publishing House.

Court of Justice of the European Union. (1991, November 19). Hotărârea din 19 noiembrie 1991, Francovich şi alţii (C-6/90 şi C-9/90, EU:C:1991:428) [Decision of 19 november 1991, Francovich et al.]. https://curia.europa.eu/jcms/upload/docs/application/pdf/2009-05/tra-doc-ro-arret-c-0006-1990-200802171-05_00.pdf

Lupan, E. (1992). Drept Civil. Teorie generală.[Civil Law. General Theory]. Editura Dacia.

Răuschi, S., & Ungureanu, T. (1995). Drept civil. Partea generală. Persoanele [Civil Law, general part, natural person, legal person]. Fundatia Chemarea Iasi.

Romanian Civil Code. https://www.codulcivil.ro/

Stătescu, C. (1970). Drept civil - Persoana fizica, juridica, drepturi in rem [Civil Law, the natural person, the legal person, rights in rem]. Editura Didactică si Pedagogică.

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Published

2021-12-12

How to Cite

Macsim, C. (2021). Legal Person Subject to Civil Law. Logos Universality Mentality Education Novelty: Law, 9(1), 13-23. https://doi.org/10.18662/lumenlaw/9.1/52

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