THEORETICAL ANALYSIS OF THE PRECONDITIONS FOR THE EMERGENCE AND DEVELOPMENT OF A LEGAL ENTITY AS A SUBJECT OF LAW

This article examines the historical preconditions for the emergence of the institution of a legal entity, starting from Ancient Rome, examines various approaches in European legal thought, substantiating the origin of a legal entity and its place in civil circulation. Conclusions are drawn regarding the scientific aspects of the theory of fiction for the feasibility and reasonableness of its application in the official civil doctrine. An analysis is given in the historical retrospective of the legal approaches of K. F. Savigny, O. Girke, R. Iering, B. Windshein, R. Saleil and other legal scholars to the emergence of the concept of a legal entity. It has been proved on scientific and theoretical examples that a legal entity was not a direct product of civil law, but only its artificial creation, i. e. fiction. The origins of the emergence of the first forms of legal entities, such as partnerships, corporations, are investigated, their comparative analysis is given. As a result of numerous wars of conquest, the law of Ancient Rome did not have in its arsenal a legal method of introducing cities, property and values into civil circulation. At the same time, the right of personal possession was a narrower concept in comparison with the civil law of “allied” persons, but the former was included, and the latter was not included in the civil property circulation. The author, based on the analysis of the origin of the concept of legal entities, believes that fiction was a tool for creating the concept and institution of a legal entity in the legal sense. Fiction is one of the widely used methods of legal technique. The fictitiousness of the structure of a legal entity is manifested in various norms and approaches of both modern legislation and law enforcement practice.

legal entity, theories of legal entities, corporation, legal capacity, citizens, Roman law, sources of law, legal fiction, organic theory, theory of fictions, doctrine

Shinyakova E. V. Theoretical analysis of the preconditions for the emergence and development of a legal entity as a subject of law. Business. Education. Law, 2021, no. 4, pp. 295—300. DOI: 10.25683/VOLBI.2021.57.481.