THEORIES OF THE LEGAL NATURE OF LEGAL ENTITIES

1) ASSUMPTION THEORY: This theory acts only from the idea that people can have rights and debts. But the needs that have arisen, for example, in cases where many people have rights, have made it necessary to establish legal entities, since it is understood that the use of one right in more than one person does not provide the desired result. Nowadays, for this reason, “artificial” beings who are not real people have also been joined by personality traits. These have become artificial beings created for practical convenience. According to the theory, legal entities can use actual driving licenses only through their representatives, since they are not real persons. Because unreal beings also have no willpower.

2) REALITY THEORY: According to this theory, legal entities are real people just like us, and they should be considered as such. Their only difference is that they do not have material assets. Legal entities also have a de facto driver’s license, just like people, and they have bodies in which they carry out their activities, like people. The movements of these organs also mean that there is a verb license. Contrary to the theory of assumption, organs are not representatives. In other words, a legal entity is directly responsible for the unfair acts of the body.

Nowadays, theories have had their impact on how legal entities will have a legal nature. Today, especially traces of the theory of reality are found. Nowadays, legal entities have a de facto driver’s license and use them through their bodies. When the bodies of legal entities commit illegal acts, legal entities are responsible for them.(TMK articles 49 and 50) Nevertheless, it is not consistent to connect legal entities to a specific model and limit them to it. Because they make legal regulations according to the needs of the law society. That is why in today’s law legal entities have effects from all theories.