Legal Capacity and Public Administrative Entities

Legal Capacity and Administrative Power

The private person has legal capacity when the agreement is needed to transfer legal consequences to other subjects. This is not imposed; it requires an agreement, arrangement, or public legal consent. Legal consequences need not be agreed upon with the state, but are purely imposed imperatives for unwilling recipients. It acts in the exercise of administrative law unilaterally.

Classification of Public Legal Administrations

When all factors—substrate, recognition of legal-administrative power, and the granting of territorial and institutional status—are present, public legal administrations can be divided into territorial and institutional categories.

Territorial Administrations

Territorial: The territory is a constituent part of that administration; the territory is constitutional for the existence of these organisms.

Institutional Administrations

Institutional: The territory also exists, but it is for the physical realm where the administration exercises its powers. However, the institutional membership of that person is different from that territory.

Features of Territorial Administrations

• They are for public administrations because they have to meet all the needs of the group within the legal-administrative legal persons of that territory.
• They are organized in forms of a democratic and representative character.
• Holders are the most important public powers; for example, the power to legislate, expropriation, regulations, and sanctions.

Characteristics of Institutional Administrations

• They are based on formulas of an undemocratic, bureaucratic nature.
• The powers they exercise apply only to those subjects who are in a given territory, bound by another legal holder of that entity.
• The legislature does not give them all powers, but only those which the legislature entrusted to them to meet essential needs.
• They are not general-purpose governments; while general governments tend to meet all the needs of nationals, these have a plural sign.
• Their aims are concrete, specific, and singular. They do not satisfy all the needs of all citizens in relation to land, which are of a general nature.
• Territory is not crucial for their existence, but it exists in the territory where they develop their competencies.
• Membership in corporate governance is carried out by titles other than the concept of territory.
• They are arms in the service of territorial governments (support) in fulfilling the public purposes with which they are charged.

Juridical Classification of Administrative Persons

1. Because of its substrate, administrative legal persons can be classified into corporations and foundations.
2. They are also classified as territorial and institutional. Examples include any municipality, the CCAA, and the state itself.

Defining a Corporation

Four letters that help define a corporation:

• Corporations are formed by a group of individuals who comprise those corporations as partners.
• The will of the corporation is the will of the partners to form the corporation, expressed democratically (i.e., by majority).
• The system of maintenance and support of these corporations is borne by the shareholders or members who compose these corporations.
• The will is expressed by the most democratic way.