THE CONCEPT AND LEGAL NATURE OF VIRTUAL LEGAL ENTITIES
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The article is devoted to the study of the evolution of a legal entity in the context of movement to the virtual space. The development from the classical legal entity through virtualization of the office to the necessity of providing legal regulation of the virtual legal entity is analyzed. The gradual formation of virtual organizations, their correlation with legal entities is investigated. The approaches to the definition of “virtual enterprise”, and its features are also investigated. In the context of the definition of a virtual organization, common features with modern regulation and understanding of a legal entity are determined in view of the classical features of a legal entity, in particular, such features as organizational unity, they are created for the satisfaction of their purpose, which is unique for their structural components, have a single center for the coordination of adoption solutions. Through the analysis of the understanding of the term “virtual” concluded that it is possible to transfer to the virtual space in the definition of a legal entity in terms of determining its essence. In the context of the virtuality of the activity, an analysis of activity in the virtual office is presented. It was established that the legal address ceased to play an important role for the legal entity to operate. It is also defined the gradual departure of the legislator from the rigid binding of the legal entity to the physical address. The accents of legislative regulation, which are related to the legal address of the legal entity, are determined, as well as the opinions on the possibility of their replacement by electronic services are outlined. It has been determined that the virtuality of a legal entity may be manifested when leaving the postal address, in connection with which the wording of the concept of a virtual legal entity as a legal entity that does not have a postal address has been proposed, and its activities are carried out through a specially created and controlled state e-mail address for using an electronic signature.
Authors and Affiliations
Андрій Гавриленко
Keywords
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