The term legal person (“pessoa jurídica” in Portuguese) is used in case law to designate a legal person with rights and obligations, which also has legal personality. Its regulations are largely based on the Brazilian Civil Code, where it is clearly recognized and defined, among other things. Legal personality allows one or more natural persons (universitas personarum) to act as an entity (legal person) for legal purposes. In many jurisdictions, artificial personality allows this company to be considered legally distinct from its individual members (for example, in a public company, its shareholders). They can sue and be sued, enter into contracts, incur debts and own property. Companies with legal personality may also be subject to certain legal obligations, such as the payment of taxes. A company with legal personality may protect its members from personal liability. A` opens a company, but A`don has not registered his company under the law. This company has no legal personality. Having legal personality means being able to have legal rights and obligations in a particular jurisdiction, such as entering into contracts, suing and being sued. Legal personality is a prerequisite for legal capacity, for the ability of any legal person to modify its rights and obligations. Legal persons are of two types: natural persons – persons – and legal persons – groups of persons such as companies, which are legally treated as persons. While persons acquire legal personality at birth, legal persons do so when they are constituted in accordance with the law.

The sum of a person`s legal advantages and disadvantages. Defined as the legitimate characteristics and qualities of an entity. An example of this is a person`s age or property. This results in the legal capacity and status of a company in the jurisdiction or legal system of the company. An example is how a law is applicable when you own a tenant. 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 persons in the ordinary sense of the word. 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 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. 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] The term “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. 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. 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. For more information about 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. “Legal personality.

Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/legal%20personality. Retrieved 21 September 2022. 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. Not all organizations 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. I heard this debate about whether or not companies can be considered “persons,” and I did not understand the laws behind it. Companies are not giant humanoids who walk around selling cars or hamburgers for a living. They are “humans” in the sense that they work as a unit, much like humans are billions of cells working together as one creature. Since the Industrial Revolution, when corporations came to power, the boundaries 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. Legal entity means a human or non-human entity that is treated as a person for limited legal purposes. 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] 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 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] If, in the context of criminal proceedings, a request for reserve is legally admissible, as a pro.