A legal person (in the context of law often only person , less ambiguous legal entity ) is a human or non-human entity, in other words, any recognized human, state, or governmental institution has privileges and obligations, such as having the ability to contract, prosecute and prosecute.
The term "legal person" is somehow unclear because it is also used in contradiction with the "natural person", ie as a synonym of the term used to refer only to non-human legal entities.
So there are two types of legal entities, human and non-human: natural persons (also called physical persons ) and juridical persons (also called juridic ,
While humans acquire legal personality when they are born (or even before in some jurisdictions), juridical persons do so when they are incorporated in accordance with the law.
Legal personality is a prerequisite for legal capacity, the ability of any legal person to change (entry into, transfers, etc.) Rights and obligations.
In international law, consequently, the legal personality is a prerequisite for an international organization to be able to sign an international treaty on its own behalf.
Video Legal person
Juridical people
An artificial personality , juridical personality , or juristic personality is a characteristic of an inanimate entity considered by law to have personality status.
juridical or artificial person (Latin: persona ficta , also legal persons) have legal names and have special rights, protections, privileges, responsibilities and responsibilities in certain laws, similar to individuals. The concept of a juridical person is a fundamental legal fiction. It deals with legal philosophy, because it is very important for laws affecting corporations (corporate law).
The juridical person allows one or more natural persons ( university personarum ) to act as a single entity (legal entity) for legal purposes. In many jurisdictions, artificial personalities allow the entity to be considered under the law separately from individual members (eg in companies limited by shares, shareholders). They can sue and be sued, sign contracts, incur debts, and own property. Entities with legal personality may also be subject to certain legal obligations, such as tax payments. An entity with legal personality may protect its members from personal responsibility.
In some general legal jurisdictions, the distinction is made between a company's aggregate (such as a company, which has a number of members) and a single corporation (which is a public place) an office is deemed to have a separate personality of them as individuals). Both have separate legal personalities. Historically, most companies are only ecclesiastical (eg, the Archbishop of Canterbury is a single company), but a number of other public offices are now formed as single companies.
The concept of juridical personality is not absolute. "Stab the corporate headscarf" refers to seeing individuals individuals who act as agents involved in corporate actions or decisions; this may result in a legal decision in which the rights or obligations of a company or a public limited company are treated as the rights or obligations of the member or director of the enterprise.
The concept of juridical people is now the center of Western law in the legal and civilian countries, but it is also found in almost all legal systems.
Example
Some examples of juridical persons include:
- Cooperatives (co-ops), a business organization owned and operated democratically by a group of individuals for their mutual benefit
- A corporation is a corporation created by law or charter. One company is a company formed by one member, in a certain capacity, and the successor of that person in the same capacity, to give them some legal benefit, especially the eternal one that no natural person can have. For example, an official religion in that capacity, or The Crown in the Commonwealth. Corporate aggregates are companies formed by more than one member.
- The municipal enterprise (municipality) is a "creature of the law". Other organizations may be created by law as legal entities, including European economic interest groups (EEIGs).
- Unrelated association, which is a collection of two or more persons, is treated as a juridical person in some jurisdictions but not others.
- Partnerships, aggregates of two or more persons to do the same business for profit and made under contract. Traditionally, partnerships have no ongoing legal personality, but many jurisdictions now treat them as having independent legal personality.
- The company, a form of business association that runs an industrial company, is often a corporation, although the company may take other forms, such as unions, unlimited companies, trusts, and funds. Limited liability companies - whether they are privately restricted securities firms, privately-restricted stock companies, or public limited companies - are entities that have certain characteristics of both companies and partnerships. Different types have many complex advantages and disadvantages.
- The sovereign state is a legal person.
- In the international legal system, various organizations have legal personality. This includes intergovernmental organizations (UN, European Council) and several other international organizations (including the Sovereign Military Order of Malta, religious orders).
- The European Union (EU) has a legal personality since the Lisbon Treaty came into force on 1 December 2009. That the EU has a legal personality is a prerequisite for the EU to join the European Convention on Human Rights (ECHR). However, by 2014, the EU decided not to be bound by the European Court of Human Rights ruling.
- The temple, in some legal systems, has a separate legal personality.
- Whanganui River was given legal personality in March 2017 under New Zealand law because the tribe Whanganui M? the ori regards the river as their ancestor.
- Also, in March 2017, the Uttarakhand High Court declared the Ganges a legitimate "person" in a move that, according to one newspaper, "can help in the effort to clean up polluted rivers". On April 6, 2017, the decision has been commented on in Indian newspapers to be difficult to enforce, with the statement that experts do not anticipate the immediate benefits, that the decision "hardly changed the game", that experts believe "any follow-up action is impossible" , and that "judgment is insufficient insofar as it acts without hearing of others (in countries outside Uttarakhand) who have shares in the matter".
Not all organizations have legal personality. For example, corporate boards of directors, legislatures, or government agencies are usually not legal entities because they lack the ability to exercise independent legal rights from corporations or political bodies that are part of them.
Maps Legal person
History
The concept of legal personality for the organization of people is at least as old as the Ancient Rome: the various collegial institutions enjoy the benefits under Roman law.
This doctrine has been associated with 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 doctrine of the ficta persona allows the monasteries to have a separate legal existence from the monks, simplifying the difficulty in balancing the needs of such groups to have the infrastructure even though the monks took private oath of poverty. Another effect of this is that as a fictitious person, a convent can not be considered guilty of having no soul, helping to protect the organization from non-contractual obligations to the surrounding community. This effectively transfers those responsibilities to the individuals acting within the organization while protecting the structure itself, since the individual is perceived to have a soul and is therefore able to be guilty of negligence and excommunication.
In the tradition of common law, only a person can sue or be sued. This is not a problem in an era before the Industrial Revolution, when a typical business enterprise is a sole proprietorship or partnership - the owner is solely responsible for the business debt. The corporate feature, however, is that the owner/shareholder enjoys limited liability - the owner is not responsible for the company's debt. So when a company breaches contract or violates the law, there is no cure, because the limited liability of protecting the owner and corporation is not a legal person subject to the law. There is no accountability for corporate error.
To overcome this problem, the legal personality of a company is established to include five legal rights - the right to public treasury or the chest (including the right to own property), the right to seal the company (ie, the right to create and sign a contract), the right to demand and sued (to enforce contracts), the right to hire agents (employees) and the right to make rules (self-government).
Since the 19th century, the legal personality has been further interpreted to make it a citizen, resident, or domicile of a country (usually for the purposes of personal jurisdiction). In Louisville, C. & amp; C.R. Co. v. Letson , 2 How. 497, 558, 11 L.Ed. 353 (1844), the US Supreme Court declared that for the purposes of the case at hand, a company "can be treated as a citizen [of the State creating it], as much as natural persons." Ten years later, they reaffirmed the results of Letson, although on a somewhat different theory that "those who use the company name, and practice the abilities given by it," should be conclusively considered citizens of the merging state. Marshall v. Baltimore & amp; Ohio R. Co., 16 How. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by law, because US jurisdiction laws specifically address company domiciles.
Case example using doctrine
- In AS. v. The Cooper Corp. (1941) the court stated that the United States government, as a legal person, can sue under the Sherman Act. Section 7 of the act is granted the right to sue only to the people. Company defendants, accused of illegally conspiring and colluding to raise tire prices, argue that the US government has no power to enforce laws because the government is not a person. The court stated that the term "person" includes the US Government, and allows action against the collusion company to proceed.
- In Cook County v. AS ex rail Chandler , (2003) County is accused of violating a law prohibiting "anyone" from mis-obtaining research funds from the government. The County receives a $ 5 million grant, but uses it to perform unsuitable tests on human subjects. County believes that it can not be held accountable because it is not a person. The court ruled that the county could be prosecuted under the law as a legal person.
- In Male Rowland Colonies v. California, Unit II of Men's Advisory Council, (1993) the court refused to extend certain rights to legal persons. The prisoners association sought to continue in the pauperis forma. The court stated that the right to sue in forma pauperis existed only for individuals, not legal persons.
Basic rights extension for legal person
Brazil
The term lawyer ("pessoa jurÃÆ'dica" in Portuguese) is used in the science of law to designate entities with rights and duties that also have legal personality. The rules are largely based on the Brazilian Civil Code, among other normative documents.
German
Article 19 (3) of the German Constitution stipulates: "The basic rights also apply to individuals made domestically as long as the nature of such rights is permitted."
Italy
In Italy, trade unions have a legal personality, as stated in Article 39, Paragraph 4 of the Constitution:
A registered union is a legal person. They may, through a uniform representation that is proportionate to their membership, enter into collective bargaining agreements that have a compulsory effect on all persons included in the categories cited in the agreement.
New Zealand
Section 28 of the New Zealand Law of 1990 provides: "... the provisions of this Bill of Rights apply, to the extent practicable, for the benefit of all legal persons and for the benefit of all individuals."
People's Republic of China
For a typical example of the concept of a legal person in the jurisdiction of civil law, under the General Principles of the Civil Code of the People's Republic of China, Chapter III, Article 36. "Legal person is an organization which has the capacity to civil, rights and capacities for civil behavior and independently enjoys civil rights and assuming civil liability in accordance with the law. "It should be noted, however, that the term civil rights means something entirely different in the jurisdiction of civil law than in the jurisdiction of general law.
United States
Partly based on the principle that legal people are just individual organizations, and partly based on the history of legal interpretation of the word "person," the US Supreme Court has repeatedly stated that certain constitutional rights protect legal persons (such as companies and other organizations). Santa Clara County v. The Southern Pacific Railroad is sometimes cited for these findings because the court reporter's comments include statements made by the Chief Justice before the oral argument begins, notifying lawyers during pre-trial that "the court does not want to hear arguments about the question of whether the provisions in the Amendment The Fourteenth Constitution, which prohibits the State from rejecting anyone in its jurisdiction the same legal protection, applies to these companies.We all contend that it is not. "
Opinions then interpret these pre-argument comments as part of a legal decision. Consequently, due to the First Amendment, Congress may not enact legislation that limits freedom of speech from companies or groups of political action or dictates coverage of local newspapers, and due to the Because Process Clause, the state government shall not make laws. take the property of the corporation without using legal process and only compensate. This protection applies to all legal entities, not just corporations.
The outstanding component of the relevant law of the case is the decision of the Supreme Court United States citizens v. The Federal Electoral Commission , which decides unconstitutional certain restrictions on corporate campaign spending during the election.
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Source of the article : Wikipedia
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