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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.
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.
The problematic issues related to the legislator’s priority task of regulating changes in the property status of a legal entity in the course of its reorganisation are outlined, which ensures the organisational and legal transformation of the organisation through effective redistribution of resources and enhancing the modernisation of the country’s economic stability as a whole. The current state of the legal doctrine of understanding reorganisation as a legal phenomenon has no common denominator. It is studied as a method of termination of a legal entity; a method of emergence and/or termination of a legal entity(ies); a special procedure for the transfer of rights and obligations; a type of universal succession; a legal remedy; the procedural aspect of reorganisation actions is studied, pointing to the process, composition or set of legal facts, or it is proposed to abandon attempts to define the category of “reorganisation” altogether. Based on the analysis of the legal doctrine and current legislation, the conclusion that reorganisation is a special mechanism of transformation of a legal entity, which is manifested in a complex legal structure aimed at achieving a positive economic effect or bringing it into compliance with current legislation, resulting in termination and/or establishment of a new legal entity(ies) with the transfer to it of the property (or part thereof) of the legal entity being reorganised by way of legal succession, has been made. The opinion that an unambiguous statement that reorganisation is a form of either creation or termination of a legal entity is erroneous has been presented. This conclusion is based on the fact that current legislation enshrines different denominators for certain types of reorganisation – termination/establishment, but the relevant legal phenomenon should be studied comprehensively (as a whole). In this case, one section of such a legal structure will indicate the creation and the other one will indicate the termination of a legal entity, which is manifested within the reorganisation procedure of one organisation.
Problem setting. The perception of the legal status of a legal entity is changing, a legal entity acquires rights not inherent to it before and participates in legal relations that are not inherent to it. These statements cause many scientific discussions. Analysis of recent researches and publications. Many domestic scientists dealt with the problems of genesis and the sign of a legal entity. Among which Yu.M. Zhornokui, V.I. Borisova, Zozuliak O.I., Oliynyk O.S., S.O. Popova, O.V. Artykulenko and others. The topic of the development of the institute of a legal entity is always relevant due to the fact that the legal entity plays an important role in improving the economic indicators of the state, which, at the same time, contributes to the improvement of this institute and causes the emergence of new discussions and research. The purpose of the research is to study the evolution of a legal entity as an independent subject of law and to determine its possibility of acquiring the right to privacy. Article’s main body. The article is devoted to the study of evolution, that is, the gradual development of the essence of a legal entity in legal relations. It was determined that the legal entity has gone a long way in its transformation from its perception as a fiction to an independent subject of legal relations. Recognizing the real property separation of the organization meant literally perceiving a legal entity as something different from a natural person, but at the same time, not as a group of many, but as a whole person. Studies of the evolution of a legal entity from property separation to the right to privacy mark certain periods in the research of the essence of a legal entity and its formation as an independent subject of law with the ability to acquire and exercise a diverse set of rights. In accordance with the law, a legal entity is endowed with legal personality. A legal entity is a dynamic entity in objective reality, that is, which exists independently of physical embodiment and is not only the name of a participant in legal relations. It was determined that in the modern world, a legal entity can be recognized as a person with the presence of an intangible sphere. The possibility of a legal entity acquiring such a personal non-property right as the right to privacy, which means the ability to prevent unauthorized disclosure of sensitive, confidential or compromising information, is analyzed. Conclusions and prospects for the development. Distinguishing the sign of property separation and the possibility of acquiring the right to privacy is important. Thanks to this research, we can show the stage when a legal entity was just beginning its path to acquiring legal personality, and could also be considered equal to a natural person. Separating the property of the organization as the property of an individual from the property of a natural person (persons) who is a member of a legal entity is the starting point for not recognizing the anthropomorphizing influence (that is, the influence of a natural person who seems to be behind and controls all processes). Today, a legal entity acquires personal non-property rights, including the right to privacy, separate from the right of individuals. After all, the organization also has its internal “secrets” and has the right to protect them.
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