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Rechtsgebilde

Rechtsgebilde is a German legal term describing a legally created and recognized structure within a legal order. It denotes a form or organization that can hold rights and obligations and act in legal relations. The concept is deliberately broad: a Rechtsgebilde need not be a natural person; it refers to organized forms that the law uses to structure social and economic life.

Typical examples are juristische Personen and certain partnerships: corporations such as GmbH (Gesellschaft mit beschränkter Haftung)

Rechtsgebilde can bear rights and obligations independently of their members. They may own property, enter into

Scholarly and practical discourse uses the term to compare different organizational forms and to analyze how

and
AG
(Aktiengesellschaft);
associations
(eingetragene
Vereine,
e.V.);
foundations
(Stiftungen);
and
cooperatives
(Genossenschaften).
In
addition,
certain
personengesellschaften,
such
as
OHG
(Offene
Handelsgesellschaft)
and
KG
(Kommanditgesellschaft),
are
treated
as
Rechtsgebilde
with
their
own
legal
personality
and
capacity
to
sue
and
be
sued.
contracts,
sue
and
be
sued,
and
be
represented
by
designated
organs
(managing
directors,
boards,
general
partners).
Their
governance
is
determined
by
applicable
statutes,
by-laws,
and
registration
requirements,
and
they
are
taxed
and
regulated
according
to
their
legal
form.
legal
personality,
liability,
representation,
and
regulatory
treatment
vary
across
Rechtsgebilde.
The
concept
helps
delineate
when
actions
are
within
the
scope
of
a
unit's
own
rights
and
duties,
versus
those
of
its
participants.