Who Is a Juristic Person in Law

Indian law defines two types of “legal persons”, human beings as well as certain non-human entities that are given the same legal personality as humans. Non-human entities that are granted the status of “legal person” by law “have related rights and duties; they can sue and be prosecuted, they can own and transfer property.” Because these non-human entities are “voiceless”, they are legally represented “by guardians and agents” to assert their legal rights and fulfill their legal duties and responsibilities. Specific non-human entities that receive the status of a “legal entity” include “company personality, communities, charity unions, etc.”, as well as fiduciary estates, deities, temples, churches, mosques, hospitals, universities, colleges, banks, railways, communities, and Gram Panchayats (village councils), rivers, all animals and birds. [22] The term “legal person” can be ambiguous as it is often used as a synonym for terms that refer only to non-human legal persons, particularly as opposed to “natural person”. [10] [11] In Italy, trade unions have legal personality, as stipulated in Article 39( 4) of the Constitution: “legal person”. Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/juridical%20person. Retrieved 3 January 2022. Artificial personality, legal personality or legal personality is the characteristic of a non-living entity that has the status of a personality according to the law. The legal entity allows one or more natural persons (universitas personarum) to act as a single entity (legal person) for legal purposes. In many jurisdictions, artificial personality allows this company to be considered legally distinct from its individual members (e.B. in a public limited company, its shareholders). They can sue and be sued, enter into contracts, incur debts and own property. Companies with legal personality may also be subject to certain legal obligations, such as .

B pay taxes. A company with legal personality can protect its members from personal liability. Since legal personality is a prerequisite for legal capacity (the ability of any legal person to modify (enter, transfer, etc.) its rights and obligations), it is a prerequisite for the ability of an international organization to sign international treaties on its own behalf. A legal entity is a non-human legal entity that is not an individual natural person, but an organization legally recognized as a legal entity, such as. B a company, government agency or NGO. Also known as an artificial person, legal person, legal person, legal entity or legal entity, a legal person retains certain obligations and rights as set out in the relevant laws. [1] [2] The rights and obligations of a legal person are different from those of its constituent natural persons. Registered trade unions are legal persons. They may, by means of uniform representation proportional to their composition, conclude collective agreements which have binding effect on all persons belonging to the categories referred to in the agreement. The concept of legal entity is at the heart of Western law today, both in common law countries and in civil law countries, but it can also be found in virtually all legal systems. [12] In law, a legal person is any person or “thing” (less ambiguous, any legal entity)[1][2] that can do the things that an ordinary person can normally do legally – such as entering into contracts, suing and prosecuting, owning property, etc. [3] [4] [5] The reason for the term “legal person” is that some legal persons are not persons: corporations and corporations are legally “persons” (they can legally do most of the things that an ordinary person can do), but they are clearly not persons in the ordinary sense.

The concept of legal personality for organizations of persons is at least as old as ancient Rome: a variety of collegiate institutions enjoyed the advantage in Roman law. Brazilian law recognizes any association or abstract entity as a legal entity, but a registry is required by a constitutional document, with specifications depending on the category of legal entity and the local law of the state and city. Article 19, paragraph 3, of the Basic Law provides: “Fundamental rights shall also apply to national natural persons to the extent permitted by the nature of those rights. [21] 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 the 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). Research: “legal entity” in Oxford Reference » Since the 19th century, a legal person has been interpreted to make it a citizen, resident or residence of a state (usually for the purposes of personal jurisdiction). In Louisville, C.

& C.R. Co.c. Letson, 2 How. 497, 558, 11 L.Ed. 353 (1844), the U.S. Supreme Court held that, for the purposes of this case, an enterprise “is likely to be treated as a citizen [of the State that created it] in the same manner as a natural person.” Ten years later, they reaffirmed Letson`s conclusion, albeit on the slightly different theory that “those who use the company`s name and exercise the powers it confers” should be conclusively considered citizens of the company`s founding state. Marshall v. Baltimore & Ohio R. Co., 16 How. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by law because U.S.

jurisdiction laws refer specifically to the corporate headquarters. Since ancient times, associations have been known as the original form of the legal entity. This is documented for the 1st century AD for Jewish trading companies. The institution also had significance in Roman law, although it was not designated as such. Conceptually, it included institutions such as the state, communities, companies (universities) and their associations of people and assets as well as associations. At least three people were required in Rome to form an association. In the common law tradition, only one person could have legal rights. To enable them to function, the legal personality of a company was created to include five legal rights – the right to a common treasury or safe (including the right of ownership), the right to a corporate seal (i.e.

the right to enter into and sign contracts), the right to sue and be sued (to enforce contracts), the right to hire agents (employees) and the right to enact legislation (self-government). [19] While natural persons “naturally” acquire legal personality by simply being born (or before that, in some jurisdictions), legal persons must have received legal personality through an “unnatural” legal procedure, and for this reason they are sometimes referred to as “artificial” persons. In the most common case (incorporation of a company), legal personality is usually acquired by registering with a government body created for this purpose. In other cases, it may be a primary law: an example is the Charity Commission in the UK. [8] The United Nations` Sustainable Development Goal 16 calls for the provision of legal identity for all, including birth registration by 2030 as part of the 2030 Agenda. [9] For a typical example of the concept of a legal person in a civil jurisdiction under the General Principles of Civil Law of the People`s Republic of China, Chapter III, Article 36: “A legal person is an organization that has the capacity to respect civil rights and the capacity to conduct itself civilly and that independently enjoys civil rights and assumes civil law obligations in accordance with the law.” [20] Note, however, that the term civil rights means something very different in civil courts than in common law jurisdictions. Legal entities are entities such as corporations, corporations (in some jurisdictions), and many government agencies. They are legally treated as if they were people. [4] [6] [7] In the second act, 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 also be recognized individually so that they can each receive individual portions of food, as they have “two independent desires.” However, it is rejected by the court (composed of colleagues of Gondolieri) because of the common rule.” is a legal person, and legal persons are solemn things. In court cases involving religious entities, the deity (the deity or God is a supernatural being who is considered divine or holy) is also a “legal entity” that can engage in legal affairs through “trustees” or “temple-appointed boards of directors.” The Supreme Court of India (SC) ruled in ram Janmabhoomi`s Ayodhya case in 2010 that the Rama deity in the respective temple was a “legal entity” with the right to be represented by its own lawyer appointed by the trustees acting on behalf of the deity. .