Published
2023-04-30
Keywords
- civil law,
- civil code,
- legal person,
- legal capacity,
- special capacity,
- limitation of rights
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Abstract
The author of this article presents his reflections on Article 36 of the Civil Code, which regulates the legal status of legal persons. It follows from the provision that the legal capacity of legal persons is a special capacity. This capacity, has been subject to a number of restrictions. This study compares the legal solutions of other socialist countries, where differences in the construction of special legal capacity are indicated. The author presents his critical analysis of the institution of the special capacity of legal persons citing various examples of litigation arising from the current regulations as well as a wealth of literature on the subject.