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Private Legal Person Definition

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] Legal personality allows one or more natural persons (universitas personarum) to act as a single 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: payment of taxes. A company with legal personality may protect its members from personal liability. Brazilian law recognizes any association or abstract entity as a legal entity, but a registry is required by a constitutional document, with specifications that depend on the category of legal entity and the local law of the state and city.

Legal agreements refer to express trusts or other similar legal arrangements. Examples of other similar arrangements (for AML/CFT purposes) are the Trust, Treuhand and Fideicomiso. 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] Article 19(3) of the Basic Law states: “Fundamental rights shall also apply to national legal persons, insofar as the nature of these rights permits.” [21] Section 28 of the New Zealand Bill of Rights Act 1990 provides: “. the provisions of this Bill of Rights apply, to the extent possible, for the benefit of all legal persons and all natural persons. 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. 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. Some common law systems distinguish between a corporation (for example, a multi-member corporation) and a corporation, which is a public office with a separate legal personality from the person holding the office (both entities have separate legal personality).

Historically, most bodies have been exclusively ecclesiastical in nature (for example, the office of Archbishop of Canterbury is a single body), but a number of other public functions are now formed as single bodies. In cases involving individuals, the Uttarakhand High Court ordered that the Ganges and Yamuna rivers, as well as all waters, be “living entities,” i.e. “legal entities,” and appointed three people as trustees to protect the rights of the rivers from man-made pollution, for example, “pilgrims` bathing rituals.” [22] Corporations are all corporations, other than individuals, that may establish a lasting relationship with a financial institution or otherwise own property. These may include companies, corporations, foundations, institutions, partnerships or associations and other relevant similar institutions. 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. 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. Shebait is similar to a trustee if the deity or temple has a legally registered trust or legal entity. According to Hindu law, goods given or offered as rituals or gifts, etc.

absolutely belong to the deity and not to the shebait. The case studies are “Profulla Chrone Requitte vs Satya Chorone Requitte”, AIR 1979 SC 1682 (1686): (1979) 3 SCC 409: (1979) 3 SCR 431. (ii)” and “Shambhu Charan Shukla vs Thakur Ladli Radha Chandra Madan Gopalji Maharaj, AIR 1985 SC 905 (909): (1985) 2 SCC 524: (1985) 3 SCR 372”. [24] Artificial personality, legal personality or legal personality is the characteristic of a non-living entity that is legally considered to be a person. 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” can be ambiguous as it is often used as a synonym for terms referring only to non-human legal persons, particularly as opposed to “natural person”. [10] [11] 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 organisation to be able to sign international treaties in its own name. Partly on the basis of the principle that corporations are simply organizations of natural persons, and partly on the basis of the history of the legal interpretation of the word “person,” the U.S.

Supreme Court has repeatedly ruled 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 made before the hearing began, telling counsel during pre-trial preparation 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 equal protection of the law to any person within its jurisdiction applies to such corporations. We all agree that this is the case. 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). 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 legal personality for all, including birth registration by 2030 as part of the 2030 Agenda. [9] A legal person 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.