The Natural Person or Legal Entity

In summary, fictional theory equates personality with the ability to exercise certain rights. It also compares legally incapable natural persons with legal persons, since both fictitious legal persons and natural persons suffering from capitis deminutio cannot exercise their will solely in the context of a legal relationship and require a representative to exercise the rights conferred on them by law. In Mexican law, the application of the corporate veil theory, the abuse of the legal person, the elimination of personality and the lifting of the veil (to name but a few of the names by which this theory is known) imply the absence of such a personality, an essential element of the company. The hypothesis of the application of the corporate veil theory necessarily implies the denial that companies have rights different from those held by the partners who created them. The legal economic unit in private law is understood as a State governed by the legal system. This doctrine views personality as the existence of a number of individuals exercising their power to pursue a common goal and recognized by applicable law in the same way as if they were a single person. This situation arises by linking this declaration to a real situation recognized by the legal regime as a factor of individualization of the entity with free will, without implying that this declaration alone can create personality, since one requires both recognition by the legal regime and the free will of the entity that individualizes the regime. 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] Partly on the basis of the principle that corporations are simply organizations of natural persons, and in part on the basis of the history of the legal interpretation of the word „person,” the U.S.

Supreme Court has repeatedly held that certain constitutional rights protect corporations (such as corporations and other organizations). Santa Clara County v. Southern Pacific Railroad is sometimes quoted for this statement because the court reporter`s comments included a statement by the Chief Justice that the Chief Justice made before the trial began, telling counsel during the pre-trial conference that „the court does not wish to hear arguments as to whether the provision of the Fourteenth Amendment to the Constitution, which prohibits a State from denying the same protection of the law to a person subject to its jurisdiction applies to those organs. We all agree that this is the case. 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] I believe that every person is a legal person. In this regard, there are legal entities (Inc., companies, etc.) and, for example, IE or a single citizen (or villager).

However, there are other criteria50 in which the personality of the representative of a legal person continues to be considered as an extension of its principle. Given the lack of uniform criteria in Mexican legislation, the personality of companies (or corporate personalities) remains controversial. 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. b. A natural person always trades with his personal name, although he may use a different name when registering the business establishment. Since a legal person is an entity independent of the partners, it has its own name and must act as such, without having to identify the persons who compose it. The most commonly used legal instruments in commercial transactions are atypical commercial contracts that lead us to the „legal person”, a fundamental element of the legal rights and obligations of each contracting party.

Whether or not a party qualifies as a „legal person” depends on the legitimacy of the legal person, which can often be challenged in business relationships. Unlike these theories, the theory of legal action recognizes the legal person and distinguishes between the person and the personality. Acosta Romero translates this into Spanish as „teoría del allanamiento de la personalidad” or the theory of contempt for personality. M. Acosta Romero et al., Corporations Treaty with Emphasis on the Corporation, 693 (Porrúa, 2001). Legal experts have divided the study of commercial law into four main areas: (a) persons (natural and legal); (b) undertakings; (c) legal instruments facilitating relations between the first two groups; and (d) administrative and judicial proceedings. Articles 1056 to 1062 govern the personality and legal capacity of the parties. The term „legal person” can be ambiguous as it is often used as a synonym for terms that refer only to non-human legal persons, especially as opposed to „natural person”. [10] [11] Looking at the basics, a natural person is guaranteed a number of fundamental human rights, including life, liberty and the pursuit of happiness. The human rights of a natural person include, of course, the capacity to marry, vote or hold public office.

Most of a natural person`s human rights are fully effective when the person reaches the age of 18, with some – such as the legal drinking age – not applying until the person reaches the age of 21. It is an easy place to differentiate between a natural person and a legal person, because a legal person (corporation, trust, organization) does not have the right to marry, vote or run for office. 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] Consequently, the characteristic resulting from the Commercial Code is the legal person of the enterprise that allows it to identify itself as a merchant.