Evolution of a legal entity: from property separation to the right to privacy

Abstract

Problem setting. The perception of the legal status of a legal entity is changing, a legal entity acquires rights not inherent to it before and participates in legal relations that are not inherent to it. These statements cause many scientific discussions. Analysis of recent researches and publications. Many domestic scientists dealt with the problems of genesis and the sign of a legal entity. Among which Yu.M. Zhornokui, V.I. Borisova, Zozuliak O.I., Oliynyk O.S., S.O. Popova, O.V. Artykulenko and others. The topic of the development of the institute of a legal entity is always relevant due to the fact that the legal entity plays an important role in improving the economic indicators of the state, which, at the same time, contributes to the improvement of this institute and causes the emergence of new discussions and research. The purpose of the research is to study the evolution of a legal entity as an independent subject of law and to determine its possibility of acquiring the right to privacy. Article’s main body. The article is devoted to the study of evolution, that is, the gradual development of the essence of a legal entity in legal relations. It was determined that the legal entity has gone a long way in its transformation from its perception as a fiction to an independent subject of legal relations. Recognizing the real property separation of the organization meant literally perceiving a legal entity as something different from a natural person, but at the same time, not as a group of many, but as a whole person. Studies of the evolution of a legal entity from property separation to the right to privacy mark certain periods in the research of the essence of a legal entity and its formation as an independent subject of law with the ability to acquire and exercise a diverse set of rights. In accordance with the law, a legal entity is endowed with legal personality. A legal entity is a dynamic entity in objective reality, that is, which exists independently of physical embodiment and is not only the name of a participant in legal relations. It was determined that in the modern world, a legal entity can be recognized as a person with the presence of an intangible sphere. The possibility of a legal entity acquiring such a personal non-property right as the right to privacy, which means the ability to prevent unauthorized disclosure of sensitive, confidential or compromising information, is analyzed. Conclusions and prospects for the development. Distinguishing the sign of property separation and the possibility of acquiring the right to privacy is important. Thanks to this research, we can show the stage when a legal entity was just beginning its path to acquiring legal personality, and could also be considered equal to a natural person. Separating the property of the organization as the property of an individual from the property of a natural person (persons) who is a member of a legal entity is the starting point for not recognizing the anthropomorphizing influence (that is, the influence of a natural person who seems to be behind and controls all processes). Today, a legal entity acquires personal non-property rights, including the right to privacy, separate from the right of individuals. After all, the organization also has its internal “secrets” and has the right to protect them.