Legal person

Abstract

Positive order in the society, as well as different failures in legal regulation, helpless behaviour of the legal persons, or rather skillful 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. The 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