Discuss the Concept of Legal Personality

A non-human can be a legal person within the meaning of the law, for example, an idol placed in a temple. On the other hand, a human being can sometimes not be considered a legal person, for example, slaves in ancient times, who were treated as mere movable property of their owners and not as a person. Therefore, there is a great difference between a human being and a legal entity, since man is the existence given by nature, while the legal person is a fiction created by a legal act. In some common law jurisdictions, a corporate aggregate (e.g., a corporation composed of a number of partners) and a sole proprietorship, which is a public office with separate legal personality from the person holding the office (the two corporations have separate legal personality). Historically, most businesses have been exclusively ecclesiastical in nature (for example, the office of the Archbishop of Canterbury is a single body), but a number of other public offices are now established as sole proprietorships. A legal or artificial person (Latin: persona ficta; also a legal person) has a legal name and has certain rights, property rights, privileges, responsibilities and responsibilities in law, similar to those of a natural person. The concept of legal entity is a fundamental legal fiction. It is relevant to the philosophy of law because it is essential for laws that affect a company (company law). According to Indian law, “shebaitship” is the property that belongs to the deity or idol as a “legal person”. People who are destined to act in the name of divinity are called “shebait.” A shebait acts as the guardian or guardian of the deity to protect the right of the deity and fulfill the legal duties of the deity. Shebait is similar to a trustee in case the deity or temple has a legally registered trust or legal entity.

According to Hindu law, goods given or offered in the form of rituals or gifts, etc., absolutely belong to the deity and not to the Shebait. Case studies include “Profulla Chrone Requitte vs Satya Chorone Requitte, AIR 1979 SC 1682 (1686): (1979) 3 SCC 409: (1979) 3 SCR 431. (ii)” and “Shambhu Charan Shukla vs Thakur Ladli Radha Chandra Madan Gopalji Maharaj, AIR 1985 SC 905 (909): (1985) 2 SCC 524: (1985) 3 SCR 372”. [24] Subsequent opinions have interpreted these preconceived ideas as part of the legal decision. [26] Accordingly, under the First Amendment, Congress cannot enact any law restricting the freedom of expression of a company or political action group or requiring reporting on a local newspaper,[27] and under the due process clause, a state government cannot take possession of a company without due process and without providing fair compensation. These guarantees apply to all legal entities, not just companies. A` opens a business, but A`don does not register its company in accordance with the law. This company has no legal personality. Do you explain the theories about the nature of legal personality? If a request for a reservation is legally admissible in criminal proceedings, as a pro.

I could sue the manager of a fast food restaurant if I slip and fall into his restaurant, but the fast food company as a separate “person” did not contribute to my accident. I could sue a company for discrimination because it is a corporation. When starting a business, choose a legal structure. Some legal structures are legal persons: they have legal personality. For example, it is determined whether you are responsible for your private property. Also, what taxes you have to pay. Read what legal personality is. The granting of legal personality has long been linked to the granting to a natural or legal person of a status equal to or similar to that of a human being. When the United States was involved in slavery, slaves were denied the right to legal personality. This meant they could not vote, file complaints, marry legally, or enjoy any of the rights granted by the U.S. Constitution. Women, Native Americans, and other minority groups were often classified into similar categories.

By denying these groups this designation, the state effectively denied that they were human beings, just as white men were considered human beings. According to this theory, a legal person is a real personality in the extrajudicial and pre-judicial sense of the term. It also presupposes that the subjects of rights must belong not only to man, but to every being who has his own will and his own life. As such, a company as a legal entity and as “alive” as man is also subject to rights[27]. According to Salmond, “a person is any being who considers the law to be capable and bound by legal obligations.” There are two types of persons, natural persons and legal persons. The concession theory is often seen as the result of the fiction theory, as it has a similar claim to the fact that companies do not have legal personality within the state unless it is granted by the state. Proponents of the theory of fiction, such as Savigny, Dicey, and Salmond, support this theory.[18] While the theory of fiction is ultimately a philosophical theory that a business is only a name and a matter of intellect, the theory of concession is indifferent to the question of the reality of a society in that it focuses on the sources from which legal power originates. Dicey argued that sovereignty is only a legal conception that indicates legislative power, which is not limited by any legal boundary.

The doctrine has been attributed to Pope Innocent IV, who seems to have at least helped spread the idea of persona ficta, as it is called in Latin. In canon law, the teaching of the Persona Ficta allowed monasteries to have a legal existence separate from the monks, which simplified the difficulty of balancing the need for infrastructure for such groups, even if the monks took vows of personal poverty. Another effect of this was that a monastery could not be found guilty as a fictitious person because it had no soul, which helped protect the organization from non-contractual obligations to the surrounding communities. This effectively transferred this responsibility to the people acting within the organization, while protecting the structure itself, as individuals were considered mental and could therefore be negligent and excommunicated. [18] The law also gives legal personality to unborn persons. This means a child who is not even born and is conceived only in the womb. This means that the law also gives legal personality to an unborn child, provided that the child is born later. Legal persons are legal persons, fictitious or artificial, and a natural person is a person with a natural personality and capable of rights and obligations under the law. A legal entity has a real existence, but its personality is fictitious, because such a thing does not actually exist, but is considered to exist in the eyes of the law. Acceptance of a company`s corporate personality essentially means that another non-human entity is recognized as a legal entity. This can be seen in the many theories of jurisprudence on the personality of companies.

The majority of the main theories in case law on the personality of the company asserted that the legal entity of the company was artificial. Theories of fiction, concession, symbolism, and purpose supported the claim that the existence of society as a legal entity is not real. It exists only because state law has recognized it as a legal entity and is recognized either for specific purposes or for specific purposes. Fiction theory, for example, has made it clear that the existence of society as a legal entity is pure fiction and that the rights associated with it depend entirely on what the law attributes to it through fiction. In lawsuits involving companies, shareholders are not liable for the company`s debts, but the company itself, as a “legal entity”, is required to repay those debts or be sued for non-repayment of debts. [22] A legal person is a thing, the estate of property, a community of persons or an organization to which legal law can be applied. Legal personality is the ability to have legal rights and obligations. The nature of legal personality is a primary need for the legal capacity and the ability of a legal person to modify its rights and obligations. For the legal entity, it is necessary to integrate in accordance with the law. On the other hand, it is necessary to acquire the legal personality of the natural person of birth. Let`s discuss the nature of personality in detail.

Therefore, there is no difference between the legal personality of an undertaking and that of an individual. In the legal sense, personality is only a technical personification of norms with the rights and obligations attributed to them. Although there are many theories that have attempted to explain the nature of the company`s personality, none of them are said to be dominant. It is claimed that while every theory contains elements of truth, no one alone can adequately interpret the phenomenon of the legal person. Nevertheless, there are five main theories used to explain business personality, namely fiction theory, realist theory, goal theory, hook theory, and concession theory.