The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity
Doctrinal approaches to understanding the place and role of the sign of property separation of an entrepreneurial company in the context of the main provisions of the theory of fiction and the theory of reality of a legal entity as a participant in civil circulation are analyzed. It was concluded th...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2022-06-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/451 |
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| author | R. M. Artemenko |
| author_facet | R. M. Artemenko |
| author_sort | R. M. Artemenko |
| collection | DOAJ |
| description | Doctrinal approaches to understanding the place and role of the sign of property separation of an entrepreneurial company in the context of the main provisions of the theory of fiction and the theory of reality of a legal entity as a participant in civil circulation are analyzed. It was concluded that the existence of a significant number of scientific approaches that reveal the essence of individual features of an entrepreneurial company as a legal entity only contribute to the further development of doctries about the legal nature of this legal phenomenon and outline not only the general model of a legal entity, but also its varieties with additional features highlighted. Such a variety is a business partnership, which, as a type of phenomenon in relation to a generic (legal entity), has its own characteristics that do not replace (fully correspond to) the general characteristics of a legal entity. One of these features is property separation, which is recognized as mandatory both by the supporters of the theory of fiction and the supporters of the theory of the real existence of a legal entity as a participant in civil circulation.
It is noted that the feature of property separation is the main one for a legal entity, as it allows to ensure the guarantees of its creditors, to limit the possibility of abuse by the participants (founders) of such an organization, who could use the construction of a legal entity for the purpose of evading responsibility. However, this sign is not the only one.
The approach based on which the theory of fiction most accurately reveals the property separation feature and its place in the system of features of a legal entity is substantiated, defining it as one of the two key essentially forming features of a legal entity. |
| format | Article |
| id | doaj-art-2392cfb969fa46fca251267207d289f1 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2022-06-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-2392cfb969fa46fca251267207d289f12025-02-02T02:43:25ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2022-06-019729410510.32631/v.2022.2.08451The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entityR. M. Artemenko0Kharkiv National University of Internal AffairsDoctrinal approaches to understanding the place and role of the sign of property separation of an entrepreneurial company in the context of the main provisions of the theory of fiction and the theory of reality of a legal entity as a participant in civil circulation are analyzed. It was concluded that the existence of a significant number of scientific approaches that reveal the essence of individual features of an entrepreneurial company as a legal entity only contribute to the further development of doctries about the legal nature of this legal phenomenon and outline not only the general model of a legal entity, but also its varieties with additional features highlighted. Such a variety is a business partnership, which, as a type of phenomenon in relation to a generic (legal entity), has its own characteristics that do not replace (fully correspond to) the general characteristics of a legal entity. One of these features is property separation, which is recognized as mandatory both by the supporters of the theory of fiction and the supporters of the theory of the real existence of a legal entity as a participant in civil circulation. It is noted that the feature of property separation is the main one for a legal entity, as it allows to ensure the guarantees of its creditors, to limit the possibility of abuse by the participants (founders) of such an organization, who could use the construction of a legal entity for the purpose of evading responsibility. However, this sign is not the only one. The approach based on which the theory of fiction most accurately reveals the property separation feature and its place in the system of features of a legal entity is substantiated, defining it as one of the two key essentially forming features of a legal entity.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/451legal entitybusiness partnershipproperty separationentitycorporationproperty. |
| spellingShingle | R. M. Artemenko The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity Bulletin of Kharkiv National University of Internal Affairs legal entity business partnership property separation entity corporation property. |
| title | The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity |
| title_full | The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity |
| title_fullStr | The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity |
| title_full_unstemmed | The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity |
| title_short | The place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity |
| title_sort | place and role of the sign of property separation of an entrepreneurial company in theories about the essence of a legal entity |
| topic | legal entity business partnership property separation entity corporation property. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/451 |
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