In order to clarify the concept of modern legal personality, we must indicate its different dimensions. The dimensions of modern legal personality explain the nature, perspective and categories of modern legal personality. Some of these theories are as follows: since legal personality is a prerequisite for legal capacity (the capacity of any legal person to modify (conclude, transfer, etc.) rights and obligations), it is a prerequisite for an international organization to be able to sign international treaties in its own name. In Italy, trade unions have legal personality, as stipulated in article 39, paragraph 4, of the Constitution: in the common law tradition, only one person may have legal rights. In order for them to work, the legal personality of a company has been established to include five legal rights: the right to a common treasure or safe (including the right to property), the right to a corporate seal (i.e. the right to conclude and sign contracts), the right to sue (to enforce contracts). the right to hire agents (employees) and the right to enact laws (self-government). [19] Legal personality is one that confers rights and obligations on a person or organization under the law. As a general rule, we automatically assume that persons have legal personality. This is how such legal systems are built for the use of humans. Nowadays, the concept of legal personality is often part of discussions about the rights or legal liability of entities such as companies that cannot be defined by a single person. A legal entity is the thing, the mass of property, a community of persons or an organization to which the law can be applied. Legal personality is the capacity to have legal rights and obligations.
The essence of legal personality is a primary requirement of the legal capacity of each legal person to modify its rights and obligations. For the legal person, it is necessary to integrate in accordance with the law. On the other hand, it is necessary to acquire legal personality by birth for the natural person. Let`s discuss the nature of personality in detail. 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. The personality of a person means the possession of a certain characteristic that belongs in particular to the human being, for example the ability to think, the ability to speak, etc. Therefore, there are certain characteristics that make a person a person with the legally recognized personality.
If a person does not have the qualities provided by law, then he is not a person at all, for example slaves have no rights, they are like movable property and therefore they are not persons. But in law, there are people who are not people, such as a company, a company, a university, etc. From time to time, the term “corporation” has been interpreted by different lawyers in different contexts. Courts in the United States and the United Kingdom have interpreted the term on numerous occasions in commercial, international, domestic and social matters. The Indian judiciary also faced a similar challenge in the Mohd case. Salim v. State of Uttarakhand & Ors. [31] 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. According to Salmond, “a person is any being who considers the law to be legally competent and bound by legal duties.” There are two types of persons, natural persons and legal persons.
The concession theory is often seen as a descendant of fiction theory, as it has a similar claim that companies do not have legal personality within the state unless granted by the state. Representatives of fictional theory, e.g. Savigny, Dicey and Salmond, support this theory.[18] Nevertheless, the theory of fiction is ultimately a philosophical theory according to which a company is only a name and a matter of intellect, while the theory of concession is indifferent to the question of the reality of a company because it focuses on the sources from which legal power comes. Dicey argued that sovereignty was merely a legal concept that indicated legislative power without legal limits. Verdict: Finally, the Ganges and Yamuna were granted legal entity status by the court. The order was as follows: ” In the exercise of the jurisdiction of Parens patrie, the Ganga and Yamuna rivers, all their tributaries, rivers, any natural water flowing continuously or temporarily from these rivers are declared as legal persons / living beings having the status of legal person with all the corresponding rights, duties and obligations of a living person to preserve and maintain the Ganges and Yamuna rivers. Another verdict reads as follows: “Director NAMAMI Ganges, the Chief Secretary of the State of Uttarakhand and the Advocate General of the State of Uttarakhand are hereby declared persons in loco parentis with a human face for the purpose of protecting, preserving and preserving the Ganga and Yamuna rivers and their tributaries. These officers are required to maintain the condition of the Ganges and Yamuna rivers and also to promote the health and welfare of these rivers. 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 this article, we will address the subject of legal personality in case law, and what is the origin of legal personality?, the meaning of the person and its nature, who is a legal person?, who is a natural person?, who is a legal person?, etc. Although there are many theories that try to explain the nature of the company`s personality, none of them are called dominant. It is claimed that while every theory contains elements of truth, none alone can adequately interpret the phenomenon of the legal person. Nevertheless, there are five main theories used to explain the personality of the firm, namely theory of fiction, realist theory, theory of purpose, theory of parentheses, and theory of concessions. Do you explain the theories on the nature of legal personality? Nevertheless, the realistic claim that society maintains its unity as a legal entity also seems to be true, not because the law grants it to them, but because it is generated by its daily transactions, which are then accepted and recognized by the law.