Peculiarities of a Civil Legal Personality of a Public Law Company

Abstract

The paper analyzes the civil legal personality of a public law company. According to the results of the study, the author concludes that the private interest of a public law company as a participant in civil legal relations, as well as the ways of its implementation (the range and content of legal relations that are formed for their implementation) are formed under the influence of the public interest of the Russian Federation. In view of this, civil legal capacity of a public law company is predetermined by its legally established public powers and activities and has a «competence» character. The scope of the civil legal capacity of a public law company is subject to change when its public powers change, which indicates the labile nature of its civil legal capacity. When exercising civil legal capacity, subjective rights arising from a public law company have a reactive effect for third parties beyond the civil legal relationship. The paper describes limitations of the principle of freedom and autonomy of its will in relation to a public law company.