Legal Individual

Laws dealing with commercial organizations (i.e. corporations, partnerships, limited liability companies, etc.) often use the term „legal entity,“ so the laws apply to both persons and non-human business entities. Since the 19th century, the legal person has been interpreted more broadly to make it a citizen, domicile or domicile of a state (usually for the purposes of personal jurisdiction). In Louisville, C. & C.R. Co. v. Letson, 2 Wie. 497, 558, 11 L.Ed. 353 (1844), the United States Supreme Court held that, for the purposes of this case, a corporation „may be treated both as a citizen [of the State which created it] and as an individual.“ Ten years later, they confirmed 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 regarded as citizens of the company`s founding state.

Marshall v. Baltimore & Ohio R. Co., 16 Wie. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by law because U.S. jurisdiction laws relate specifically to corporate domicile. The teaching has been attributed to Pope Innocent IV, who seems at least to have helped spread the idea of persona ficta, as it is called in Latin. In canon law, the doctrine of persona ficta allowed monasteries to have a separate legal existence from monks, which simplified the difficulty of balancing the need for these groups to have infrastructure, even if monks took a vow of personal poverty.

Another effect of this was that a monastery as a fictitious person could not be convicted of the crime because it had no soul, which helped protect the organization from non-contractual obligations to the surrounding communities. This effectively transferred this responsibility to the people acting within the organization, while protecting the structure itself, as individuals could be seen as moving and therefore negligent and excommunicated. [18] A typical example of the concept of a legal person in a civil jurisdiction is 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. 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. 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 providing legal personality for all, including birth registration by 2030 as part of the 2030 Agenda.

[9] For more information on legal entities, see this article from the Yale Law Journal, this article from the Wake Forest Law Review, and the Penn State Journal of Law and International Affairs. 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). 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 people in the ordinary sense of the word. 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. Quickly dictate and edit files, contracts and memories by voice; Even format legal citations automatically. In lawsuits involving religious entities, the deity (the deity or god is a supernatural being considered divine or holy) is also a „legal person“ that can participate in a dispute through a „trustee“ or „temple administrative authority.“ The Supreme Court of India (SC) ruled in 2010, ruling on Ram Janmabhoomi`s Ayodhya case, that the Rama deity in the respective temple was a „legal person“ entitled to be represented by its own lawyer appointed by the directors acting on behalf of the deity. Similarly, the Supreme Court ruled in 2018 that the Ayyappan deity was a „legal person“ with a „right to privacy“ in the court case concerning the entry of women into Lord Ayyapan`s Sabarimala shrine.

[22] Not all organisations have legal personality. For example, directors of a corporation, legislature or government agency are generally not legal entities because they do not have the ability to exercise legal rights independently of the corporation or political body to which they belong. Legal entity means a human or non-human entity that is treated as a person for limited legal purposes. 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] 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, as 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. In everyday language, a human being; However, depending on the law, the term may include companies, labour organizations, partnerships, associations, companies, legal representatives, trustees, receivers or insolvency practitioners. According to Indian law, „shebaitship“ is the property belonging to the deity or idol as a „legal person“.

People who are destined to act in the name of divinity are called „shebait“. A shebait acts as guardian or guardian of the deity to protect the right of the deity and fulfill the legal duties of the deity.