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What Distinguishes a"Legal Entity" from a Juristic Person : (Consideration of "non-natural persons" according to Section 30 (1) of the Czech Private International Law Act) persons" according to Section 30 (1) of the Czech Private International Law Act)

Publication at Faculty of Law |
2021

Abstract

According to sec. 30 (1) of the Czech Private International Law Act, personal status-lex societatis-is determined not only for companies that are explicitly declared as juristic persons, but also for "non- -natural persons". The aim of this paper is to reflect on the question of which attributes an "entity" must have that is on the one hand not explicitly declared as a juristic person but on the other hand is not a natural person either, and must therefore be considered "as if it were a juristic person".

The author concludes that only an entity that was created on the basis of the legal system by being unmistakably identified, has a separate legal personality, the legal capacity to act as well as the ability to bear legal liability, can be considered as a juristic person in a "material" sense.