Article 66: Juristic persons, definition

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 12776/2558 (2015)

   A public juristic person's power to manage its affairs under its governing statute includes authority to sue to recover public property, within the scope of sections 66 and 67 CCC.

   The plaintiff provincial administrative organisation was a juristic person under its governing statute with the provincial governor as its legal representative. The Court held that the power to manage provincial affairs under that statute necessarily included authority to recover provincial public property and to bring legal proceedings in connection with it, consistent with the rights and duties of a juristic person under sections 66 and 67 CCC.

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2. Arrêt de la Cour suprême n° 8077/2553 (2010)

   Routine fundraising activities such as participating in rotating credit arrangements fall within a company's ordinary scope of business and are not ultra vires under section 66.

   A company had participated in a revolving credit arrangement. The Court held that bidding in such an arrangement was a general method of raising funds in the same way as borrowing, and therefore fell within the company's ordinary business activities necessary to pursue its stated objectives: it was not an act outside the scope of the company's purposes under section 66.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.