Abstract
This article is about commercial corporates and the legal capacity to act by their own juridical acts. Therefore the previous Civil Code stated that legal persons have legal capacity during their existence.
A similar provision doesn't exist in the new Civil Code. The important question is whether the legal person, ie. commercial corporate, has or doesn't have capacity and whether a member of its statutory body is in the position of classic representative or not.
The author concludes that we cannot use the legal institution of legal capacity and legal incapacity for commercial corporates. The next conclusion is that a member of the statutory body is a representative sui generis and we cannot apply legal provisions regarding common representation to him/her automatically, but it is only subsidiary in the case that the application isn't excluded by provisions relating to legal persons. .