Unele reflecţii asupra persoanelor juridice ca subiect al infracţiunii
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BOTNARU, Stela, BURAVCENCO, Iulia. Unele reflecţii asupra persoanelor juridice ca subiect al infracţiunii. In: Revista Naţională de Drept, 2008, nr. 11(98), pp. 28-33. ISSN 1811-0770.
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Revista Naţională de Drept
Numărul 11(98) / 2008 / ISSN 1811-0770 /ISSNe 2587-411X

Unele reflecţii asupra persoanelor juridice ca subiect al infracţiunii


Pag. 28-33

Botnaru Stela, Buravcenco Iulia
 
Universitatea de Stat din Moldova
 
 
Disponibil în IBN: 17 iunie 2022


Rezumat

Despite their „vulnerable” existence, the nature of the legal persons, or, to say it in other words, their foundation, have interested the doctrine and, separately, even the jurisprudence, different explanations being offered, some of them audacious, but, anyway, without saying that the discussion was finally closed. Thus, in the specialty literature there were emphasized a series of theories regarding the legal personality of a group. In this sense, their may be mentioned the theory of the fiction, which treats only the natural person as a veritable subject of law, the legal person being just an artificial form created by the legislator. Another vision is the theory of the precise realty, which supposes the fact that, both in the case of the natural person and in the case of the legal person there is present the formation of a will – the same as a characteristic of the subject of law – it is being realized and manifested. Thus, it is considered that the group of persons has a collective consciousness and, moreover, a collective will, different from that of its members, and not a simple sum of wills. A quite different direction is offered by the theory of the technical reality, which places at the basis of the legal person the „interest”, and the group made in this way is nothing else but a „collective property”, a „property of affectation”, of goods „affected” by a purpose of general interest.