Juridinio asmens doktrina: šiuolaikinės tendencijos.

Abstract

This article approaches an issue of inadequacy of traditional legal entity doctrine in solving contemporary creditor protection problems. Undoubtedly, historically the idea of per-sonhood of legal entity aimed to justify the priority of economic interest against equity requirements. However today such an approach is no longer constructive as it fails to comply with changed social circumstances where the necessity of the protection of third parties from the negligent behaviour of legal entity is evident. The doctrine of legal entity traditionally pertained on social needs. Seeking to disclose the dependence of legal entity doctrine on the historical circumstances, in the article four key transformations of legal entity that required reviewing the legal entity doctrine are discussed. Three basic theories - the agregate theory, artificial person, and real entity that have been significant in the development of the doctrine of legal person are introduced. The article reveals the main reasons why in seeking to solve the problem of risk transfer from legal entity founders to creditors efficiently today it is not enough to review only the traditional doctrine. First of all, contemporary objectives of legal regulation are tremendously different - historically legal entity theories were constructed to substantiate the independence of legal persons from their founders; today this complete independence of legal entity from the shareholders became vicious and should not be fully sustained. [...]