LawCopyrights

The subject of law, types of subjects of law

Subjects of law are participants in legal relations. From the will of the state, in the final analysis, the circle of those depends. The subject of law can be characterized by two main features:

1. This person who is a party to public relations (organization, individual) can not be a bearer of subjective duties and rights in its own features in fact. It must have certain qualities for this, connected with the free will of the collective of people, of man. These include personification, external isolation, as well as the ability to produce, express and exercise the individual will.

2. This person who can really participate in legal relations and in connection with legal norms could acquire the properties of the subject of law. In other words, the legal basis for the appearance of organizations, individuals, public entities as subjects of law is formed.

The subjects of entrepreneurial law are divided into several types: legal entities, the state, business associations, municipal and state bodies, municipal associations, subjects of the Russian Federation, individual entrepreneurs.

Depending on whether or not the rights of a legal entity exist, division into types of subjects of entrepreneurial law may be conducted. For representatives who are directly engaged in economic activities, it is important that they have or do not have the rights of a legal entity.

For entities that are directly engaged in economic activities, the rights of a legal entity also play an important role. Usually they are called business entities, and often they have the rights of a legal entity.

Such a comparison, however, can not be rightly recognized. Although many business entities actually have the rights of a legal entity, there are also those that are not legal entities, but carry out entrepreneurial activities.

An example here can be not only individual entrepreneurs (who are often called subjects that operate without the creation of a legal entity), but also some subjects of collective ownership, for example, farms.

Copyright is the industry that recognizes the diversity of subjects. The subjects of copyright are individuals and legal entities (public associations, companies, firms, etc.).

The definitions of "persons with legal personality" and "subject of law" are the same. In this case, the terms "person" and "subject" mean the same thing. The definition of "legal status" is much broader.

Speaking about him, they mean that it has both legal personality and a certain set of fundamental rights that determine its legal status in society or in this area of public life.

For example, when one speaks of the status of an official, it is understood by him that he has a powerful administrative legal personality. That is, there are power positions and due to its competence it has a certain set of imperative powers, on their basis, these or other issues are resolved.

The subject of law is an important element of legal relations of all branches of law, however, the provisions of its subjects in each of them with a certain specificity.

As individuals in civil legal relations are citizens, stateless persons and foreign citizens. As legal entities are non-commercial and commercial organizations, municipal and state associations, the state is the third subject of civil legal relations.
The subject of law in administrative legal relations are officials, citizens, state bodies, and sometimes organizations are legal entities.

When a person or entity of a legal entity is recognized, its legal status is determined by law (position in relations to the state, state authorities and other persons).

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