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ENTITIES WITHOUT LEGAL PERSONALITY IN ACCORDANCE WITH THE GERMAN LAW. COMPARATIVE LAW REMARKS

100%
Wach M.
Studia Prawnicze
|
2006
|
issue 2(168)
117-133
EN
The study presents the situation of entities without legal personality in the German law together with comparative remarks with respect to analogous entities in the Polish, French and English law. In particular, the article describes the legal status of associations in formation, partnerships, companies and cooperatives in formation. An association in formation is an entity which, on the base of association registration, can acquire legal personality and become a formal association and take on rights and obligations. There are also unregistered associations which have legal capacity for certain actions but do not have a legal personality. The study presents partnerships and divides them into civil, general partnerships and limited partnerships. Partnerships do not have a legal personality but general and limited partnerships have legal capacity. In the case of companies in formation the German doctrine points out three stages of organization: 1) before signing the company contract, 2) company in organization after concluding the contract and 3) company after registration. Companies in organization have legal capacity.
2

FIKCE, SKUTEČNOST A RADIKÁLNÍ VYPRÁVĚNÍ

61%
Koťátko P.
Organon F. medzinárodný časopis pre analytickú filozofiu
|
2013
|
vol. 20
|
issue 1
72 – 96
EN
The article focuses on the nature of the worlds of narrative fiction, ways of their representation, the status and identity conditions of fictional entities and correlatively on the role of singular terms in literary texts. According to the author, the basic question providing a proper framework for addressing such topics is: what does the reader have to do (to presuppose, to accept, to imagine) in order to allow the text of narrative fiction to fulfil its literary functions? The alternative is to start with the „text itself“, i.e. sentences with their linguistic meanings (in abstraction from their literary functions), and ask what kind of material does the text provide to the interpreter, what does it enable him/her to identify and determine and what does it leave principally unidentifiable and underdetermined. According to the author, such an approach blocks the access (or makes impossible the return) to the text’s literary functions. The author defends certain specification of the interpretative attitude required by the literary functions of a text of narrative fiction from its reader. Among other things, he attempts to demonstrate its general applicability by analysing a highly non-standard type of narration (labelled „radical“).
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