√ Definition of Legal Entity, Characteristics, Forms, Types and Theories (Complete)

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Definition of Legal Entity, Characteristics, Form, Type and Theory (Complete) – In this discussion we will explain about legal entities. Which includes the definition of legal entities, the characteristics of legal entities, the forms of legal entities, the types of legal entities, and the theory of legal entities with complete and easy-to-understand discussion.

Definition of Legal Entity, Characteristics, Form, Type and Theory (Complete)

For more details, please see the review below carefully.

Definition of Legal Entity

A legal entity is an organization or association that is made with an authentic deed and is legally treated as a person who has rights and obligations or is also called a legal subject which can be in the form of a person or entity law.

Another definition of a legal entity is a legal subject (perpetrator) that does not have a form, or whose form is not visible like an ordinary human being but has the rights and obligations to perform legal actions like a private person (natural person)

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Definition of Legal Entity According to Experts

Below is the definition of a legal entity according to the expert.

1. R. Rochmat Soemitro

The definition of a legal entity according to R. Rochmat Soemitro is a body that can have assets, rights and obligations like a private person.

2. Maijers

The definition of a legal entity according to Maijers is something that supports rights and obligations.

3. Logemann

The definition of a legal entity according to Logemann is a personification or embodiment of rights and obligations. Organizational law determines the internal structure of the personification.

4. R. Subekti

The definition of a legal entity according to R. Subekti is an entity or it can also be called an association that has the right to obtain act like humans and have their own wealth, can sue or be sued in front judge.

5. E. Utrecht

The definition of a legal entity according to E. Utrecht is a body that has the power or authority by law to be an advocate of the rights of the soulless or rather non-human.

Characteristics of a Legal Entity

The characteristics of a legal entity or the characteristics of a legal entity that can become legal subjects are:

  • Have assets that carry out activities in legal entities
  • Have rights and obligations that are separate from those who carry out legal entities
  • Registered as a legal entity
  • Proficient in carrying out legal actions
  • Have a notarial deed at its establishment.

Forms of Legal Entity

E. Utrecht/Moh. Soleh Djidang stated that in legal association, the form of business entity is divided into several types, namely:

  • Association (Vereniging) is an association formed voluntarily and intentionally from several people who have a purpose to strengthen their position or economic ability, take care of social issues and maintain culture. Such as State Companies, Limited Liability Companies (PT) and Joint Ventures (JV)
  • The Fellowship of People (Gemmenschap van Mensen) Is a form of legal entity formed from social and political factors in history. Such as village, district, province and country.
  • Organization made according to law but other than the two types of legal entities above.

Types of Legal Entities

Types of legal entities, among others:

Public Legal Entity

A public legal entity (publiekrecht) is a legal entity created according to public law or a legal entity regulate the relationship between the state and or its apparatus and citizens related to public interests or public. Such as criminal law, constitutional law, state administrative law, international law and so on. Examples of public legal entities are the State, Regional Government, Bank Indonesia.

Private Legal Entity

A private legal entity (privaatrecht) is a legal entity established under civil law or civil law or a group of people who work together or form a business entity and are a single entity that fulfills the requirements determined by law. Private legal entities that have profit goals, for example, are limited liability companies (PT) or non-material companies, such as foundations.

Legal Entity Theory

The theory of legal entities, among others, is as follows:

Theory of Fiction (FIctie Theorie)

Von Savigny's fictional theory states that legal entities are solely made by the state. A legal entity is just fiction, that is, something that doesn't actually exist, but people live it in the shadow of being a legal subject who can carry out legal actions like humans.

Theory of Purposeful Wealth (Doel Vermogents Theorie)

This theory emerged from Colltiviteitstheorie and was put forward by the German Scholar A. Brinz and followed by Van der Hayden in the book he released "Lehbuch der Pandecten". This theory discusses that legal entities are only entities with certain needs, and humans are the pure subject of law.

Shared Wealth Theory (Propriete Collective Theorie)

This theory was stated by the German Scholar Rudolf von Jheering who was later followed by Molengraaft, Marcel Planiol, and Apeeldorn. This theory discusses that a legal entity is nothing but a group of people who have their own rights and obligations.

This theory does not regard legal entities as abstractions or organisms, for that matter what constitutes rights and obligations a legal entity is the rights and obligations of joint members, and also the assets of a legal entity are also shared property, cannot be divided.

Definition of Legal Entity, Characteristics, Forms, Types, Theory

Organ Theory

Based on this theory, a legal entity is not an abstract (fictional) nor is it property (right) which has no subject, but a legal entity is an organism. real which is truly tangible in legal associations that can form their own will in intermediary tools at their disposal such as administrators and its members.

Theory of Juridical Reality (Realiteitsleere Juridism)

This theory was stated by the Dutch scholar E.M Meijers and espoused by Paul Scolten. Based on this theory, legal entities are real and concrete embodiments like humans, even though they cannot be touched. This gives an emphasis that equating legal entities with humans is limited so that in the field of law just.

Thus has been explained about Definition of Legal Entity, Characteristics, Form, Type and Theory (Complete), hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.

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