Problems of Modern Understanding of a Legal Entity

Abstract

The article examined the functions of a legal entity. The research revealed the interrelation between functions an factors determining the formation and existence of the institution of a legal entity. The research emphasized that since the inception of a legal entity institution, the issue of the legal nature of this type of subjects of civil law has been controversial, both in Russia and abroad. Based on the results of the analysis of fictitious and realistic theories of a legal entity, a conclusion was made about their futility due to a limited view on the essence of a legal entity arising from the need to follow the requirements determined by the hypothesis within the corresponding theory. The theory of legal entity proposed by Professor O.A. Krasavchikov, known as the theory of organization, is analyzed. It is emphasized that the theory of O.A. Krasavchikov fully corresponds to the modern understanding of a legal entity, including its normative definition, contained in the Civil Code of the Russian Federation. The study revealed the potential and prospects of the development of organization theory for modern social science. To further develop the theory of O.A. Krasavchikov, the author put forward a concept of understanding a legal entity as a unified system of organizational relationships. All main relationships (and their participants) that form a legal entity as an integral system were considered.