A BODY OF A LEGAL ENTITY AS A LEGAL TOOL

Abstract

The article deals with the problem of the legal nature of bodies of a legal entity that is defined by the author by means of a category "legal tool". The author identifies the features that characterize a body of a legal entity as a legal tool and features arising in the course of its application by subjects of civil law. A distinction is made between "a body" and "a person performing the functions of a body". Given that, a legal entity is considered as system integrity consisting of three interrelated elements: goal setting (target element of a system), physical entity (volitional element of a system) and property. Treating a body as a legal tool is based on a presumption that a legal entity possesses its own will (Paragraph 2, Article 1 of the RF Civil Code) the source of which is physical entities (founders, holders, members, etc.). The process of realization of legal standing of a legal entity via its organs has been analyzed in terms of economic societies. A new version of Article 53 of the РФ Civil Code has been suggested.