La influencia del Derecho Canónico en la configuración del concepto de persona jurídica

Abstract

The objective of the present work, entitled “The influence of Canon Law in the design of the concept f the legal entities”, is to recover the singular concept of the legal entity and the different significant historical contributions to the process, especially that of Canon Law.
 
Since the moment of the last half of the 19th century when Serick proposed the theory of “lifting the veil” regarding legal entities, the doctrinal as well as the functional lack of confidence in this institution has never ceased to grow. This has became obvious as evidenced in our legal system that have introduced “control” mechanisms over the associated entities. In addiction, there has been a proliferation of entities personified as “judicio-public”, as well a other mixed types; and the phenomenom of the so called “flight from the Administrative Law”. This tendency has caused the
technique of private judicial personification to be applied broadly within the public sphere, along with the concomitant displacement of its judicial framework.
 
These two phenomena have propelled me too try to decipher the common and intrinsic layer of the concept of the legal entity as a socializing instrument after the above mentioned crisis, with the objective of uncovering what remains of it.