Legal and legal capacity of legal entities. Their types, ways of occurrence and termination

 

A legal entity in Roman law is an association of people acting as a whole in circulation.

Legal capacity of legal entities - a legal entity was recognized as capable of having patronage rights and was not considered (with few exceptions) able to receive property by inheritance, etc.

Legal capacity did not have legal capacity. To perform legal actions, it was necessary to have a legal representative (actor), who had the right to act on behalf of a legal entity, to make claims, to make deals, and in all these cases his position and rights were equal and identical with the rights of a private person.

Below are the types of legal entities:

1. Partnership (societas) - combining the means and efforts of several people in achieving a common goal. The partnership was considered established from the time of the agreement, i.e. the partnership represented a consensual contract. The main goal of the partnership is the final profit. The property of the partnership is the joint ownership of the members of the partnership (condominium). Partnership ceased: with the release of the former or the entry of a new member (a new one arose); with the achievement of his goal.

2. Association (universitas):

- corporation (corporatio) - association of at least three full Roman citizens. Created with the permission of the law, senatusconsult or emperor. The corporation could have its charter-statute, but it was not mandatory. Symptoms: the existence of the property of the corporation, the cashier (or treasury) and a trustee acting on behalf of the corporation. The supreme body is a general meeting of all members, at which decisions were taken by a simple majority of votes. The property of the corporation was separate from the property of its members, and its members could not have any claims to this property. The corporation was not responsible for the obligations or for the offenses of its members. Corporations were terminated: a ban on the state or the court on its activities; the expiration of the term or the fulfillment of the set goals, which were provided for in the formation of the corporation; own decision of the members, adopted or unanimously, or by a majority of votes;

- collegium could conclude contracts of stylization, donations, accept inheritance and legacy refusals, release slaves to freedom, speak in court through representatives. The scope of responsibility of the college was determined by common property and treasury.

Types of collegiums:

- communities (municipalities) and close to them public associations (colleges of priests, monastic associations, shops of traders and artisans, a community of tax farmers or other entrepreneurs). Their legal capacity was limited to the sphere of private law. As independent corporations, associations with a socially useful goal, enjoying the protection of the state, could be recognized;

- Institutions (temples, charitable foundations, hospitals) were recognized as subjects of special property relations only if they were recognized or organized through a special act on the part of the authorities. They were able to accept donations, conclude deals on their behalf. Their existence was derived from a more significant public legal entity - the church represented by the district church authorities.

 

1. Roman public and private law. Concept and characteristics

2. The role of Roman law in the history of law and legal doctrines

3. Periodization of Roman law

4. The reception of Roman law

5. The system of Roman law

6. The Right of Peoples

7. The right civil and right of the praetor

8. The concept and types of sources of Roman law

9. Legal custom as a source of Roman law

10. The law as a source of Roman law. Types of laws. The Senate Advisor

11. The edict of the magistrate as a source of Roman law. Pretorian edicts

12. The activities of lawyers as a source of Roman law

13. Codification of Roman law

14. Institutions, Digests, Code, Novels, their system and content

15. Legal capacity of individuals. Concept and content of legal capacity

16. The legal status of Roman citizens

17. The Legal Status of the Latins

18. The legal status of Peregrins

19. The legal status of slaves

20. The legal status of freedmen

21. The legal status of the colonies

22. Ability of physical persons. The ability of partially incapable and incompetent persons

23. Legal and legal capacity of legal entities. Their types, ways of occurrence and termination

 

 

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