Ownership of legal entities. Definition Objects and Subjects
Ownership of legal entities is one of the common types of private ownership. Virtually any legal entity (with the exception of unitary institutions and enterprises) is the sole owner of its movable and immovable property. This means that the founders (or in some cases the participants) do not have rights to this property. They may have only the right to own shares in the authorized capital or on shares.
In an objective sense, the right of ownership of legal entities is understood as a set of legal norms that secure the powers of the owner. These include the ability to own, dispose and use the property. In a subjective sense, more narrowly, the right of ownership of legal entities is the possibility of organizations and other forms of business provided for by law, allowing them to exercise their authority by their own actions.
Grounds for termination or acquisition
The right of private ownership of legal entities may appear on a general basis, which is provided for by the provisions and norms of the Civil Code of the Russian Federation. But the law provides for other ways of acquiring property. For example, the property of non-profit and charitable organizations can be obtained through voluntary contributions and donations, as well as funds from municipal and state budgets.
Subjects of ownership of legal entities
This type of right may arise on the basis of Article 213 of the Civil Code for non-profit and commercial enterprises, with the exception of municipal and state enterprises and institutions that are financed by the owner. Their list is quite wide and varied. These include partnerships, business societies, consumer cooperatives, production cooperatives, unions, associations, public organizations, religious associations and other types of organizations provided by law.
Objects of ownership
Ownership of legal entities may arise on any property.The only exception is that it cannot occur on those objects that, according to the law, cannot appear in free circulation, that is, belong to the state or municipalities.
Special position has the property of various religious organizations. These subjects may be the owners of the property they acquired, and use it to achieve those goals of existence, which are spelled out in the constituent documents. If such an organization is liquidated, it loses the property rights of legal entities. If the organization has acquired the property illegally, the owner must sell it within a year. This provision applies to all subjects of civil law.