Legal Personality Natural Persons
The legal recognition of nature or part of the natural world as a legal personality can be seen in various doctrines and developments around the world. The historical concept of public trust has been broadened to make nature or parts of it the beneficiaries of protection, while various “rights of nature” have been incorporated into the constitutions of several countries. A growing number of lawsuits and other projects aim to have nonhuman primates and other animals declared legal entities, while in New Zealand a river has been recognized as a person. The consequences, advantages and disadvantages of this approach to environmental protection are described but require further study. In case law, a natural person (also a natural person in some Commonwealth countries or a natural person) is a person (in the legal sense, i.e. a person who has his or her own legal personality) who is an individual human being, as opposed to a legal person, which may be a private organisation (i.e. a commercial entity or non-governmental organisation) or a public organisation (i.e. governmental). Historically, in some jurisdictions where slavery existed (subject to a property right), a person was not necessarily a natural person or a person. A natural person has legal personality only to the extent that he is the sole beneficiary of those protected interests, which legal persons lack. 42The idea that we could exclude from legal status an entity that satisfies all attribute requirements for the same moral status as currently recognized persons, but is not genetically human, raises the question of why genetic humanity is important.103 It seems contradictory to argue in favour of extending legal protection to a non-sensitive multicellular human organism in the early stages of development (i.e., 104 If the genetics is the only basis of legal personality, it must be explained why this trait is so important.105 So far, as Jessica Berg notes, no one has provided a satisfactory argument. Humans and chimpanzees share more than 98% of their genetic code; Is the 2% genetic difference a sufficient basis for a corresponding legal person, without taking other factors into account?106 I believe that every person is a legal person.
In this regard, there are legal entities (Inc., companies, etc.) and, for example, IE or a single citizen (or villager). However, the application of this theory has resorted to the technique of insult to the legal person to ignore the legal status of the company, to penetrate it in order to reach its shareholders, to lift the “veil” of the legal person. 24In 2008, Ecuador became the first country in the world to declare in its constitution that nature is a legal person.57 Articles 10 and 71-74 of the Constitution recognize the inalienable rights of ecosystems,58 give individuals the power to petition on behalf of ecosystems,59 and require the government to remedy violations of nature`s rights. 60 including “the right to exist, to exist, to maintain and regenerate its evolving life cycles, structures, functions and processes”. 61 The provisions were drafted by Ecuador`s Constituent Assembly with contributions from the Community Environmental Legal Defense Fund, a Pennsylvania-based nongovernmental organization that provides legal assistance to governments and community groups. His projects aim to “change the state of ecosystems from legal consideration as property to recognition as legal entities.” People have the right to clean air, clean water and the preservation of the natural, picturesque, historical and aesthetic values of the environment. Pennsylvania`s public natural resources are the common property of all peoples, including future generations. As trustee of these resources, the Commonwealth preserves and cares for them for the benefit of all. The subjective powers and rights of the corporation.54 52 Legal persons are also referred to as “artificial”, “legal” and “fictitious/fictitious” persons. See Trs. of Dartmouth Coll. v.
Woodward, 17 U.S. (4 Wheat) 518, 636 (1819) (“Corporation is an artificial being”); Sanford A. Schane, The Corporation Is a Person: The Language of a Legal Fiction, 61 Tul. Rev. L. 563, 563-65 (1987) (refers to enterprises as fictitious persons). The market classification of the legal person and the company by the Commercial Code results from their legal status, as in the Federal Labour Code, which classifies employees as natural persons who provide personal services and are subordinate to another person (natural or legal) who pays them a salary. A natural person will have all civil rights. A person considered insolvent is death in relation to his civil rights. But in many places, it is still unclear whether an unborn child is a natural person.
In India, laws such as the Transfer of Property Act of 1882, the Religious Succession Act, the Indian Succession Act of 1925, etc. deal with the rights of the unborn child to property. This gives the fetus living in the womb an image of a physical person. For an association of undertakings involved in legal proceedings, two personalities must be demonstrated: that of the association itself as a legal person and that of its representative, who must prove that it has sufficient powers to act on behalf of the company. This has been taken into account in the jurisprudence of the Second Chamber of the Supreme Court.49 In Act II, scene 1 of Gilbert and Sullivan`s 1889 opera The Gondoliers, Giuseppe Palmieri (who serves as King of Barataria with his brother Marco) asks that he and his brother be recognized separately so that they can each receive individual portions of food. since they have “two independent appetites”. However, it is rejected by the court (composed of other gondoliers) because the common rule”. is a legal person, and legal persons are solemn things. Another important difference between a natural person and a legal person is that a natural person has a limited lifespan.
As a rule, a natural person does not live more than about 100 years. A legal person, on the other hand, can live longer than a natural person, because a corporation can be inherited by the successors of its president or a trust can continue to exist for the benefit of generations of people. The corporation or trust can continue to operate long after the person who founded it dies. Existence of a legal person or legal entity: A legal person is any person capable of acting as the holder of the powers or obligations for which it is responsible in a legal relationship. The term “legal entity” or “legal person” refers to an unspecified person. The word “person” has several meanings.4 It derives etymologically from personare,5 a term related to larva histrionalis, meaning mask. In this sense, the person is understood as the mask covering the face of an actor reciting verses during a scene in a play; The purpose of the mask was to make the actor`s voice alive and strong. Later, people used the term “person” to refer to the masked actor himself. In this context, it is quite understandable to associate a person with a natural being of the human species.6 There are several differences between a natural person and a legal person. First of all, a natural person is a real person, a person with a distinct personality.
He usually has the power to think his own thoughts and make his own decisions, although a person unable to make his own decisions is always a physical person. In practice, the legal person is characterized by the recognition of its legal personality, which allows it to acquire certain rights and be subject to certain obligations.