Zagrebačka pravna revija, Vol. 3 No. 3, 2014.
Izvorni znanstveni članak
Recognition of Legal and Party Capacity to Civil Law Partnership
Antun Bilić
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
External partnership is a community that in legal transactions represents more than the sum of its members. In relations with third persons, legal capacity can only be bestowed on the partnership or the partners that act as members of the partnership. German law, after many long discussions, opted for the general legal capacity of partnerships, which is modelled on public companies. Such an interpretation is not possible in Croatian law due to the legislation in force. However, there are situations where the legal capacity of a partnership would be more suitable to respond to some problems that appear in practice. The legal capacity of partnerships would facilitate the access of creditors to common assets and would contribute to maintaining continuity if a change in membership occurs. This could be achieved by the judicial recognition of party capacity for the needs of a particular civil procedure pursuant to Article 77 paragraph 3 of the Civil Procedure Act. The recognition of party capacity leads to the recognition of limited legal capacity to the extent necessary to participate in the results of the civil procedure. The need to standardise judicial criteria and enhance their foreseeability could gradually lead to a result similar to the recognition of general legal capacity.
Ključne riječi
partnership; common assets; legal capacity; party capacity; legitimatio ad causam legitimatio ad processum (legal standing); unique joindership
Hrčak ID:
141872
URI
Datum izdavanja:
25.2.2015.
Posjeta: 4.909 *