A legal person is a group with legal personality.
A. Legal persons under public law
1. Legal persons under public law
Legal persons governed by public law are groups with legal personality for the
legal personality with a view to satisfying the generalinterest
interest.
The State, local authorities, public establishments, professional orders and public services
professional associations, public services are legal entities under public law
public law.
2. Legal entities under private law
Legal persons under private law are groups with legal personality for the satisfaction of
legal personality for the purpose of satisfying privateinterests
private interests.
There are :
– profit-making groups: companies ;
– non-profit organizations: associations, congregations
unions ;
– and groups of goods: foundations, which allocate goods, rights or resources
rights or resources on a permanent basis for a work of general interest
interest.
3. Legal entities of mixed law
Legal entities are groups of public law that come under private law, or groups of private law that come under
private law, or groups of private law that come under public law.
They include EPICs, public industrial and commercial establishments, such as the SNCF and the
such as the SNCF and the RATP. This is also the case for
nationalized banks.
B. The regime for legal persons
1. The creation and dissolution of
legal persons
There are three procedures for creating a legal person
– a contract (companies and associations)
– a unilateral declaration of intent (foundations, limited liability companies
limited liability company, simplified joint stock company)
unipersonnel)
– a State decree
2. Identification of legal entities
Legal entities have a name which they are free to change
change.
They also have a domicile, called the registered office, which
determines which court has jurisdiction.
They also have a nationality, depending on the location of the
location of the registered office.
3. The rights and characteristics of
legal persons
Legal persons have a speciality, that is to say
that they are created for a particular activity and their legal personality is
and their legal personality is only recognized in relation to this speciality.
Legal persons have rights and obligations.
They have a capacity of use, and can constitute a
assets. In principle, there is an autonomy of patrimony.
They can act in justice and defend their rights, but are responsible for their acts
responsible for their actions. However, they do not have the capacity to exercise their rights:
they act only through representatives.
Legal persons have a limited capacity compared to natural persons: they have less
persons: they have fewer rights, they are unequal among themselves, and they
can be reduced.
