The Theory of Legal Persons in Contemporary Law: a Ukrainian Perspective
Year: 2026
Type: book-chapter
Abstract: : The legal construction of the legal person has a long history. The development of this construct was precipitated by the process of capital concentration, which occurred in the context of the transition from a subsistence economy to a market economy. In the contemporary context, there has been a discernible distortion of this fundamental concept, precipitated by the gradual expansion of cases in which individuals can be held liable for the outcomes of the activities of legal persons. Concurrently, there has been a corresponding weakening of the autonomy of legal persons. Consequently, the fiction of the legal person is acquiring signs of realism, which are the result of the intertwining of interests between the natural person and the legal person. This theory posited that the rights and obligations of a legal person actually belong to the individuals who use and benefit from the common property. From the perspective of the integrative theory of the legal person, the latter is the support for the practical activity and knowledge of the subject as an aggregate unit of will, interest and capital of natural persons, aimed at achieving a certain objective of activity, and whose activity is interpolated by the signs of organizational unity, isolation of property and limited legal liability.
DOI: 10.62140/ak555225121
Author: Anatoliy Kostruba
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7151041296