Civil Legal Capacity of Legal Entities
Civil Legal Capacity of a Legal Entity?
According to the current provisions at Article 86 of the Civil Code 2015, the Civil Legal Capacity of a Legal Entity is regulated as follows:
- The civil legal capacity of a legal entity is the ability of the legal entity to have civil rights and obligations. The civil legal capacity of a legal entity is not limited, except in cases where this Code or other relevant laws provide otherwise.
- The civil legal capacity of a legal entity arises from the moment it is established or permitted to be established by a competent state agency; if the legal entity must register its activities, then the civil legal capacity of the legal entity arises from the moment it is recorded in the registration book.
- The civil legal capacity of a legal entity terminates from the moment the legal entity is dissolved.
Civil Liability of a Legal Entity?
Based on Article 87 of the Civil Code 2015 regarding: Civil Liability of a Legal Entity
- A legal entity must bear civil liability for the execution of civil rights and obligations established and carried out by its representative in the name of the legal entity.
A legal entity bears civil liability for obligations established and carried out by its founder or representative of the founder to establish and register the legal entity, unless otherwise agreed upon or otherwise provided by law.
A legal entity bears civil liability with its own assets; it does not bear liability in place of its members for civil obligations established and carried out by the members without acting in the name of the legal entity, except as otherwise provided by law.
Members of a legal entity do not bear civil liability in place of the legal entity for civil obligations established and carried out by the legal entity, except as otherwise provided by law.
Sincerely!
