Who Has Legal Personality

In 2010, the U.S. Supreme Court issued a decision that many legal scholars call a victory for corporate rights. The decision, Citizens United v. Federal Election Committee, expanded corporate freedom of expression by declaring it unconstitutional to prohibit corporations from participating in election expenses and campaigns. While critics see this decision as tantamount to allowing corporate-sponsored applicants in the future, proponents argue that it is unfair to grant legal personality that grants equal responsibilities but not equal rights. In law, a corporation is any person or “thing” (less ambiguously any corporation)[1][2] that can do the things that an ordinary person can normally do in law – such as entering into contracts, suing and being sued, owning property, etc. [3] [4] [5] The rationale for the term “corporation” is that some legal entities 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 of the word. In court cases involving natural entities, the Uttarakhand High Court has ordered that the Ganges and Yamuna rivers, as well as all waters, be “living entities”, i.e. “legal persons”, and appointed three persons as trustees to protect the rights of rivers from man-made pollution, such as “pilgrims` bathing rituals”. [22] The attribution of legal personality has long been associated with the granting to a person or organization of the same or similar status as a human being. When the United States was involved in slavery, slaves were denied the right to legal personality. This meant that 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, just as white men were considered human. Indian law defines two types of “legal entities”, human beings as well as certain non-human entities that have the same legal personality as human beings. Non-human entities that are legally designated as “corporations” “have ancillary rights and obligations; They can sue and be sued, 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 with the status of “legal entity” include “legal personality, political bodies, non-profit trade unions, etc.” as well as trusts, deities, temples, churches, mosques, hospitals, universities, colleges, banks, railways, municipalities and gram panchayats (village councils), rivers, all animals and birds. [22] When starting a business, choose a legal structure. Some legal structures are legal persons: they have legal personality. This decides, for example, whether you are responsible for your private assets or not. Also, what taxes you have to pay. Read what legal personality is. In Act II, scene 1 of Gilbert and Sullivan`s 1889 opera The Gondoliers, Giuseppe Palmieri (who, with his brother Marco, is king of Barataria) asks that he and his brother be recognized separately so that they can each receive individual portions of food, because 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. However, the emergence of international human rights law has altered the sanctity of state sovereignty and imposed certain international obligations on states to respect, protect and fulfil the human rights of all people on their territory. In addition, international human rights law has established non-binding enforcement mechanisms (complaint procedures under the International Covenant on Civil and Political Rights), and regional human rights standards have gone further and established a strict enforcement mechanism of a human rights court capable of issuing legally binding judgments on whether or not a State has violated the European Convention on Human Rights. A natural person (a human being) has rights and obligations. In the Netherlands, anyone can enter into contracts, own property, get married, inherit, have debts or draw up a will. And earn money by working. Would you like to start a business personally? For example, as a hairdresser, photographer or accountant. Then choose a legal form without legal personality. A sole proprietorship is owned by a natural person.

There is no separation between private and commercial assets. A commercial company (vof) or a public company (maatschap) is also composed of natural persons. In a sole proprietorship or partnership, owners are personally liable for stocks, debts and damages. While natural persons acquire legal personality “naturally”, simply by birth (or before that in some jurisdictions), legal persons must have legal personality conferred on them by an “unnatural” legal procedure, and for this reason they are sometimes called “artificial” persons. In the most common case (business creation), legal personality is usually acquired by registration with a government agency established for this purpose. In other cases, this can be done through primary law: an example is the Charity Commission in the United Kingdom. [8] The United Nations Sustainable Development Goal 16 calls for legal personality for all, including birth registration by 2030 as part of the 2030 Agenda. [9] The term “legal person” can be ambiguous as it is often used as a synonym for terms referring only to non-human legal persons, particularly as opposed to “natural person”. [10] [11] Retrieved from: International Legal Personality in A Dictionary of Law Enforcement” In lawsuits involving corporations, shareholders are not liable for the company`s debts, but the corporation itself, as a “legal person,” is obligated to repay those debts or be sued for non-repayment of debts.

[22] At the beginning of the 18th century. In the nineteenth century, only sovereign States were considered legitimate under international law and thus the only entities under international law capable of having rights and obligations under international law. As such, states were (and largely are) the all-powerful creators of international law, which in turn primarily concerned states and their international behavior. Individuals, international organisations (IOs) and other non-state actors (NSAs) are not relevant to international law because they do not have an international legal personality which is a prerequisite for the capacity to have international rights and/or obligations. I could sue the manager of a fast food restaurant if I slipped and fell in his restaurant, but the fast food company as a separate “person” did not contribute to my accident. I could take legal action to discriminate against a company because it is a corporation. If your company is a legal entity, the managers are only personally liable in exceptional cases. For the shareholders of a BV, the value of the shares is the only risk The liability of legal persons is regulated in Book 2 of the Dutch Civil Code. Learn more about directors` liability. Section 28 of the New Zealand Bill of Rights Act 1990 states: ” the provisions of this Bill of Rights apply, to the extent possible, for the benefit of all legal persons and all natural persons. A typical example of the concept of legal person in a civil jurisdiction according to 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 exercise civil rights and civil conduct, independently enjoys civil rights, and assumes civil law obligations in accordance with the law. ».

[20] It should be noted, however, that the term citizenship has a very different meaning in civil law and common law systems. Legal entity means a human or non-human entity that is treated as a person for limited legal purposes. Artificial personality, legal personality or legal personality is the characteristic of a non-living entity that legally has the status of personality. I heard this debate about whether or not companies can be considered “persons,” and I did not understand the laws behind it. Companies are not giant humanoids who walk around selling cars or hamburgers for a living. They are “humans” in the sense that they work as a unit, much like humans are billions of cells working together as one creature. In legal proceedings involving animals, animals have the status of “legal persons” and humans have a legal obligation to act as “loco parentis” for the welfare of animals, as a parent does to minor children. A court ruled in 2014 in the case “Animal Welfare Board of India vs Nagaraja” that animals are also entitled to the fundamental right to liberty enshrined in Article 21 of the Indian Constitution.[23] Right to life, personal liberty and the right to die with dignity (passive euthanasia). In another case, a court in the state of Uttarakhand ordered animals to have the same rights as humans. In another cow smuggling case, the High Court of Punjab and Haryana ordered that “the entire animal kingdom, including species of birds and aquatic animals” should have a “separate legal personality with the corresponding rights, duties and responsibilities of a living person” and that humans be “loco parentis”, while setting standards for animal welfare, Veterinary treatment, feeding and shelter, for example, animal cars can have no more than four people.

and transported animals must not be loaded beyond the established limits, and these limits must be halved if the animals are to carry the load on a slope. [22] Not all organisations have legal personality.

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