A corporation confers rights and obligations under the law on a person or organization. Since legal systems are designed for human use, legal personality is usually automatically attributed to human beings. In the modern world, the concept is often part of discussions about the legal rights or responsibilities of entities such as companies that cannot be defined by a single person. The concept was and still is an important part of the human rights debate. Registered trade unions are legal persons. They may, by uniform representation proportional to their members, conclude collective agreements binding on all persons belonging to the categories specified in the agreement. The law stipulates that companies and organizations may have rights and obligations, as may individuals and individuals. This applies to companies that have a legal form with legal personality, such as a private or joint-stock company (bv or nv). The company is then a legal person. You establish a legal person by means of a deed with a notary. If you have a company with legal personality, you are not personally liable with your own money for debts or claims for damages, for example. Instead, your business is responsible. The concept of legal personality is not absolute.
`penetration of the corporate veil` means the consideration of natural persons acting as agents involved in an act or decision of society; This may lead to a court decision treating the rights or obligations of a company or public limited company as rights or obligations of the members or directors of that company. The other case where a legal entity becomes an important issue is when the entity in question is not a human being but a corporation, partnership or corporation. Since laws generally only provide for the conduct and rights of individuals, it became important to know the extent to which non-individual entities had legal rights and obligations as these types of organizations became more common and powerful. For example, since laws generally only set rules about how one person sues another person, a company may be impervious to prosecution unless some form of personality is granted. In some common law legal systems, a distinction is made between a corporation (e.g. a corporation with a certain number of members) and a corporation, which is a public office with separate legal personality from the person exercising the function (both entities have separate legal personality). Historically, most bodies have been exclusively ecclesiastical in nature (for example, the office of Archbishop of Canterbury is a single body), but a number of other public functions are now formed as single bodies. The concept of legal entity is at the heart of Western law today, in both common law and civil law countries, but it is also found in virtually all legal systems.
[12] 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. The „legal person” is also relevant in electoral law. In Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), the Supreme Court upheld the legal personality of corporations seeking to contribute to political campaigns. 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] Since the Industrial Revolution, when corporations came to power, the limits of a legal entity have been the subject of constant debate. While granting personality can help hold companies legally accountable for their actions, it also opens the door to many more complex issues. For example, if a company has a personality distinct from its shareholders or owners, some argue that it should also have individual rights such as voting rights.
However, when voting rights are granted, shareholders are actually entitled to vote twice: once as an individual and once in the personality of the company. Since this conflicts with most electoral systems, it remains a controversial issue in legal circles. There are therefore two types of legal entities: human and non-human. In law, a human person is designated as a natural person (sometimes also as a natural person), and a non-human person is called a legal person (sometimes also as a legal, legal, artificial, legal or fictitious person, Latin: persona ficta). The attribution of legal personality has long been associated with the fact that a person or organization may have 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. Since legal personality is a prerequisite for legal capacity (the capacity of any legal person to modify (conclude, transfer, etc.) its rights and obligations), it is a prerequisite for an international organization to be able to sign international treaties in its own name. 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. A legal or legal person (Latin: persona ficta; also a legal person) has a legal name and has certain legal rights, protections, privileges, responsibilities and obligations, similar to those of a natural person. The concept of legal person is a fundamental legal fiction. It is relevant to the philosophy of law as it is essential for laws affecting a company (corporate law).
Subsequent comments interpreted these comments prior to the oral argument as part of the legal decision. [26] Accordingly, the First Amendment does not permit Congress to pass legislation restricting the freedom of expression of a political company or action group or requiring reporting in a local newspaper,[27] and the Due Process Clause does not allow a state government to take possession of a corporation without due process and fair compensation. This protection applies to all legal persons, not just companies. 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. If your company is a legal entity, it has legal capacity. This means your business can make decisions, have debts, and make deals. Your business may also own assets and property. For example, business assets such as computers, a pickup truck, and equipment.
But also debts and money in your business account. In the eyes of the law, a legal person is almost the same as a natural person. A legal entity can inherit. You can sue a legal entity. And a legal entity can go bankrupt. Of course, legal entities cannot marry or be sent to prison. Laws relating to economic organizations (e.g. companies, partnerships, limited liability companies, etc.) Use the term „legal entity” often so that laws apply to both individuals and non-human business entities. The concept of legal personality for organizations of persons is at least as old as in ancient Rome: a multitude of collegiate institutions enjoyed the advantage of Roman law.
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. In ruling on the Animal Welfare Board of India vs Nagaraja case in 2014, a court ruled that animals are also entitled to the fundamental right to liberty[23] enshrined in Article 21 of the Indian Constitution.