| Title: | "Persona sine anima" - towards an innovative classification of legal persons |
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| Authors: | ID Tičar, Bojan (Author) |
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| Files: |  RAZ_Ticar_Bojan_2014.pdf (486,35 KB)
MD5: F83A48DEB779FC7D467DB8DEA6828935
PID: 20.500.12556/dkum/11782e16-cee9-4693-ac3e-5788f2ad0ab7
 https://www.fvv.um.si/rv/arhiv/2014-2/05_Ticar.pdf
https://www.fvv.um.si/rv/arhiv/2014-2/05_Ticar-E.html
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| Language: | English |
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| Work type: | Scientific work |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | FVV - Faculty of Criminal Justice and Security
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| Abstract: | Purpose:
In this article, the author defines legal entities (in title as »personas without soul« according to pope Innocent IV.) and classifies them by applying interest theory and an adapted method of system analysis, also taking into account the legal personality of legal entities. An innovative classification that is applicable not only for ad hoc legal-economic analyses but also for a practical classification of legal entities when establishing their personality, concerning both private and public law, is demonstrated in an original manner.
Design/Methods/Approach:
The research approach of this article is theoretical and uses comparative analysis. The author’s goal was to prove that legal entities can be classified in a legally-correct and economically-applicable manner, according to the interest and classical theories of systems, and not only through the forms of legal entities recognised in law. The classification originates in the ancient Roman classification of legal entities as corporations and foundations (universitas personarum, universitas bonorum) and classifies them according to the criteria of authoritativeness, functionality, and voluntary association. The approaches are compatible and can easily be arranged in a schematic form.
Findings:
The thema probandi of this article is to prove that legal entities can be classified in a legally-correct and economically-applicable manner also according to the interest and classical theories of systems and not only through the forms of legal entities recognised in law. The approaches are compatible and can easily be arranged in a schematic form. Such classification of legal persons is appropriate for security studies, as well as for broader economic and legal research.
Originality/Value:
The value of this article is that it proposes a new and original classification of legal entities. This is applicable, in a practical sense, universally and globally. In Slovenia it is applicable in its entirety, and can be partly applicable, however, in cases in which the legal order of a state determines the personality of legal entities, differently than is the case in Slovenia. In such an instance, the table can be easily and quickly adapted, as the criteria for the classification of legal entities into authoritative, functional, and associative, are, in the opinion of the author, universal. |
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| Publication status: | Published |
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| Publication version: | Version of Record |
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| Year of publishing: | 2014 |
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| Number of pages: | str. 164-177 |
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| Numbering: | Letn. 16, št. 2 |
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| PID: | 20.500.12556/DKUM-76176  |
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| UDC: | 347.191 |
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| ISSN on article: | 1580-0253 |
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| COBISS.SI-ID: | 2833386 |
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| NUK URN: | URN:SI:UM:DK:MCFBZQTV |
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| Publication date in DKUM: | 21.04.2020 |
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| Views: | 1351 |
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| Downloads: | 68 |
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| Metadata: |    |
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| Categories: | Misc.
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