非企业法人地位法律规制的国际经验

O. I. Zozuliak, Y. Paruta
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摘要

本文研究了各国关于非企业家法人法律地位的立法。有人指出,在国际实践中,没有一个单一的术语可以描述所有非企业法人实体。通常,使用几个术语,如非营利组织,非政府组织,慈善组织,私人志愿组织,民间社会组织。在科学工作中,作者分析了整个欧洲共同体和个别国家共同的文件。根据欧洲标准,概述了非企业法人实体的主要特征。其中:主要目标不能是盈利,在盈利的情况下,其目的是实现组织创建的目标,具有法人资格的非企业家法人实体获得与其他法人实体相同的权利,创建成员组织和无成员组织的可能性。应当指出,在该制度的基础上划分非企业法人实体是波兰的根本。这就是为什么波兰的非企业法人实体被分为公司和基金会。德国法律不仅规定成立公司和基金会,还规定成立非商业目的的协会。科学工作不仅要研究立法法案的规定,而且要研究国内外科学家的科学发展。特别研究了对德国、日本、英格兰和威尔士的非企业法人实体的理论办法。结论是,不可能接受某一国家的非企业法人实体的法律模式并将其引入国家立法,因为每个国家都有自己的特点。
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Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities
The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.
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