[RUS][ENG]

Series 14

LAW.

Issue 1, 2014

CONTENTS

Section THEORY AND HISTORY OF LAW
Page 33-39
Title LEGAL PERSON
Author 1 Grevtsov Yu. I. St. Petersburg State University
199034, St. Petersburg, Russian Federation
doctor of legal sciences, professor
e-mail: georg_42@mail.ru
Summary Positive order in the society, as well as different failures in legal regulation, helpless behaviour of the legal persons, or rather skilful ignoring of the law or its circumvention - it is the work of the legal persons themselves. Knowledge of a legal person in our legal science is mostly limited to its perception as a person possessing a legal capacity and capability. It can be assumed that it is passive knowledge, because it characterizes a legal person in a state of profound rest (legal capacity is a potential possibility to have rights and legal duties; legal capability is an ability to exercise rights, to perform duties by means of the actions, but not the performance). The necessity to get knowledge about a dynamic acting legal person is more and more evident. Th e first step in this direction is, obviously, the identification of the properties (characteristics) of a legal person which enable it to be involved in the legislation and in such a way to achieve its objectives. The article attempts to clarify the unknown or insufficiently known aspects in the phenomenon which seems to be well-known.
Keywords legal person, internal freedom, legal consciousness, social responsibility, nature of responsibility, positive legal liability, purpose of positive liability.