According to that directive, there is no difference between the legal personality of a company and that of an individual. In the legal sense, personality is only a technical personification of norms with the rights and obligations attributed to them. A typical example of the concept of legal person in a civil jurisdiction 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. Legal persons are legal, fictitious or legal persons, and a natural person is a person with a natural personality and capable of rights and obligations under the law. A legal entity has a real existence, but its personality is fictitious because such a thing does not actually exist, but is considered to exist in the eyes of the 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. A court ruled in 2014 in the case „Animal Welfare Board of India vs Nagaraja” that animals are also entitled to the fundamental right to liberty enshrined in Article 21 of the Indian Constitution[23], i.e. the right to life, personal liberty and the right to die with dignity (passive euthanasia). In another case, a court in the state of Uttarakhand ordered animals to have the same rights as humans. In another cow smuggling case, the High Court of Punjab and Haryana ordered that „the entire animal kingdom, including species of birds and aquatic animals” should have a „separate legal personality with the corresponding rights, duties and responsibilities of a living person” and that humans be „loco parentis” while setting standards for animal welfare, veterinary treatment, food and shelter, for example. Wagons hauled by animals must not have more than four persons and carriers must not be loaded beyond the established limits, and these limits must be halved if the animals are to carry the load on a slope.

[22] Symbolist theory is often recognized for its ability to justify corporate personality on the basis of non-legal facts, but it has been repeatedly rejected by the courts of common law countries because it denies the right by concluding that the only legal relationship that is firm and certain can be discovered by removing the „parentheses” of society and analyzing the relationships of those involved. [25] According to § 11 of the CPI, the term „person” includes any company, association or entity of persons, whether incorporated or not. In lawsuits involving corporations, shareholders are not liable for the company`s debts, but the company itself, as a „legal entity”, is obliged to repay those debts or be sued for non-repayment of debts. [22] Legal entity is a term often used in the news. It is important to understand what a legal entity is and how the concept is used in case law in India. In this article, you will learn all about the meaning of the term legal entity, types of legal entities, examples of legal entities, especially in relation to the Indian context for IAS audit. A child in the womb is considered by legal fiction to have already been born. If he is born alive, he will have legal status.

Although the law normally recognizes living persons, the law makes an exception in the case of an infant in the womb. Under English law, a child in the womb is considered to exist and ownership can be transferred to his or her name. Article 906 of the French Civil Code authorizes the transfer of property to an unborn child. But according to Muslim law, a gift to a person who does not exist is null and void. A child in the womb is considered a person under both felony law and tort law. – Under section 13 of the Asset Transfer Act, property may be transferred to an unborn person by trust. Similarly, section 114 of the Indian Succession Act of 1925 provides for the creation of vested interests before the unborn person can become the owner of property – physical or intangible, but no property is considered to be the property of the unborn unless born alive. In Hindu law, a child in the womb is also considered to exist for certain purposes. According to Mitakshara`s law, such a child has an interest in cooperative property.

Under Section 315 of the Indian Penal Code, inflicting prenatal injury on a child who may be born alive and preventing it could constitute an offence of child destruction. Section 416 of the Code of Criminal Procedure provides that if it is established that a woman sentenced to death is pregnant, the High Court may defer the execution of the sentence and commute her to life imprisonment if it deems it appropriate. In a Canadian case, it was decided that a child may commit a tort after birth because of a malformation resulting from a prenatal injury suffered by neglect of the mother. Although there is no Indian case on this point, it is expected that a liberal view will be adopted on this line and that a child will have the right to sue. In an African case, it was decided that a child can win after birth because of a malformation caused by an injury to its mother. In India and England, under tort law, an infant cannot bring an action for injuries sustained during his or her stay. In England, however, damages can be claimed under the Fatal Accidents Act 1846 for the benefit of a posthumous child. In summary, it can be concluded that an unborn person has legal personality for certain purposes. According to this theory, a legal person is a real personality in the extrajudicial and pre-judicial sense of the term. It also assumes that subjects of rights must belong not only to human beings, but to every being who has his own will and life. As a legal person and as „alive” as man, a society is also subject to rights[27].

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. The word „person” is derived from the Latin word „persona”. It refers not only to persons, but to any person or anything that is entitled to assert legal rights or is subject to legal obligations. From a legal point of view, the mask of personality does not necessarily have to be worn by people. Legal persons are artificially created and recognized by law as legal persons. They are people only in the eyes of the law, not in general. They are also created by legal fiction and therefore also called fictional. They are called different names such as fictitious, legal, artificial or moral, etc.

I think it`s a wonderful article about people giving me clear information. But if they have more data about people and their aspects, we will get more benefits. A big thank you to all 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. From the discussion of legal theories of corporate personality, we observe that the main arguments lie between fiction and realist theories. The theory of fiction asserted that the entity of society as a legal entity is fictitious and exists only with the intent of the law.