Glossary

Legal entities

Everyone becomes a natural person at birth. On the other hand, what are legal entities and what characterize them? We create clarity.
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Legal vs. natural persons

One natural person Everyone is born, which gives them rights and obligations. Legal entities Are, on the other hand, a legal construct and not individuals. These exist in private and public law. In this case, persons or a purpose asset form a unification And are used by law with the legal capacity equipped. This is done, for example, by Entry in a register Like that commercial register or register of associations. This gives them rights and obligations as legal subjects.

Private and public legal entities

Private law legal entities For example, are associations. Other associations of persons are joint-stock companies, Limited partnerships on shares, limited liability companies and registered cooperatives, and European joint stock companies (SE).

OHG, KG and GbR Are legally competent General associations, i.e. a community of people who are jointly entitled to certain assets. In contrast, there are also unincorporated joint associations, such as the condominium owners' association.

Legal entities of public law perform public tasks, why townships, who waistband And the lands belong as corporations. Or Anstalten such as the state broadcasters or trusts. In public law, legal entities are created through a sovereign act, i.e. through a state order.

What rights do they have?

As a result of legal capacity, they also become legally competent and have their own assets. In addition, you must organs like Board of directors, managing directors or a supervisory board be elected or appointed to their Ability to act and legal capacity to receive.

The rights also include Conclude contracts, sue or be sued. However, they are not liable to commit crime or are criminally responsible. Organ carriers are responsible for punishment. Usually it is liability limited to capital. In addition, they can inheriting and file for insolvency proceedings. It is not uncommon, for example, for associations to inherit money or real estate.

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