Implementation of Civil Legal Personality in Actions Recognized as Transactions

Abstract

Civil legal personality is a special property of subjects, symbolizing the connection between a person and the State. In the legal context, legal personality is a form of the opportunities that the State provides its citizens with and associations they create in order to acquire and exercise property rights and personal nonproperty rights. The author concludes that it is through the content of legal personality that a person has the opportunity to become the owner of certain subjective civil rights and obligations through entering into a civil legal relationship. The basis of the activity of individuals and legal entities aimed at implementing their rights is civil legal personality as a form of legal existence of people, their organizations and associations. Legal personality as a form of legal existence is based on the principle of formal equality of actors. In the context of its content, legal personality includes the ability of individuals and legal entities to acquire and exercise subjective rights by their actions, to acquire and perform duties themselves. Forms of implementation of rights accompany the actions of individuals and legal entities equal in the legal aspect and ensure their civil law regulation. Legal personality offers a unilateral order of actions implementing rights and actions with the participation of others, which always leads to the creation of links among subjects of rights and obligations. A significant part of these connections is of a property nature, since social benefits in the civil form of «property» constitute the subject of the legally protected interest of subjects of civil law. Propriatary legal personality as the ability to perform actions in the legal form of a «transaction» forms the basis of purposeful actions implementing rights in relation to property and in relation to other persons regarding property.