From Real to Fictitious Personality: The Concept of Juridical Person in Soviet Civil Regulations and Influences on Russia, China and Vietnam

Abstract

How did the Soviet “juridical person” concept impact the contemporary conceptualization of legal personality in Russia, China, and Vietnam? To find an answer to this inquiry, this article explores the historical progress of “juridical person”, tracing its origins from 19th-century theories, through 20th-century communist civil regulations, to its present form. To unravel the progression, the doctrinal method and comparative law methods serve as research methodologies. The theoretical framework surrounding “juridical person” recognizes two distinct doctrines: fictitious personality and real personality. With these doctrines, a careful examination of civil regulations in the targeted countries was undertaken. The findings reveal a remarkable consistency: all three legal systems predominantly follow the fictitious doctrine when conceptualizing “juridical person” in their civil regulations, especially their Civil Codes. While variations exist due to ideological and historical contexts, this uniformity emphasizes the enduring influence of Soviet law and legal tradition on legislators’ approach to this concept across these nations. The recent divergence also becomes comprehensible when observed from doctrinal and historical perspectives.