Правосубъектность физического лица и индивидуального предпринимателя: сравнительно-правовой аспект

Abstract

Purpose. The article is devoted to the consideration of theoretical and practical issues that reflect the legislative requirements and the practice of applying the norms of civil law imposed on the characteristics of the status of an individual entrepreneur in comparison with the status of an individual. Methodology: dialectical method of scientific cognition, system approach, methods of deterministic factor analysis. Conclusions. The author draws attention to a number of theoretical and legal controversial provisions outlined by civil legislation and the practice of its application. The comparative legal study analyzes the characteristics of civil legal personality; and the distinction between the statuses of an individual and an individual entrepreneur in civil relations. The article emphasizes the openness of a number of issues that require legislative solutions and the correct position of the judiciary. In particular, in the theory of civil law, the discussion does not stop about whether all the components of the legal capacity and legal capacity of a citizen as an individual apply to an individual entrepreneur? Substantiates the position that the actions of persons engaged in entrepreneurial activities without forming a legal entity in violation of the requirements of state registration, shall be subject to the legal assessment of the criminal code and administrative code. The author considers it reasonable to disclose the legal personality of an individual entrepreneur as a consistent extension of the general legal personality of a citizen. When forming judicial practice, we consider it correct to clearly adhere to the position that arbitration courts consider only those cases involving individual entrepreneurs in which the disputed legal relations are caused by the implementation of entrepreneurial activities. Scientific and practical significance. Analytical information and conclusions may be of interest to teachers and researchers, business entrepreneurs, legal practitioners accompanying business transactions, as well as to law students.