Language
Country/Area
No result found
From humans to businesses: How many different kinds of "persons" exist in law?
In law, the term "legal person" covers a variety of entities capable of exercising rights and obligations like human beings. This includes both natural and legal persons. In this article, we will explore the differences between these two concepts and how they impact the current legal system.
A legal person refers to a legal entity that can sign contracts, file lawsuits, own property, etc., and is not limited to natural persons.
Natural persons, that is, human beings, possess legal personality by birth. To put it simply, they are automatically acquired at birth. However, legal persons, also known as legal persons, obtain their legal personality through certain legal procedures, including companies, enterprises and various organizations. The existence of legal persons allows people to act collectively in economic and social governance and enjoy the rights and interests conferred by the law.
Legal persons can be in many forms, including but not limited to: enterprises, cooperatives, local governments and non-governmental organizations. Although these entities do not have the biological characteristics of natural persons, the law still grants them human rights similar to those born in nature. This situation is stipulated in many legal systems. Only through formal registration can these legal professionals demonstrate their full legal capabilities.
Whether they are enterprises or special legal persons, they are legally able to carry out legal activities, such as signing contracts and owning property, in a timely and efficient manner.
Legal entities may encounter the legal concept of "piercing the corporate mask." This means that, in some cases, courts may rely on the actions of a company to reveal the rights and obligations of the natural persons behind them, which leaves some business owners with financial improprieties potentially facing personal liability.
Examples of legal persons
The following are examples of several different forms of legal entities:
- Cooperative: A business organization that is jointly owned and operated by individuals.
- Company: A legal person established by law or charter.
- Public agencies: local government agencies such as municipal governments.
- Religious groups: In some legal systems, religious institutions are also considered legal persons.
Not only can enterprises have legal personality, rivers and animals have also obtained the status of legal persons in the laws of several countries, showing the law's new understanding of the natural world.
For example, in 2017, New Zealand's Waihaku River was granted legal personality, which means it enjoys legal rights like a natural person and can litigate in court. This is also proven by the Indian case, where the Supreme Court of India ruled that the Ganges and Yamuna rivers have legal personality and can be sued by guardians representing their rights and interests.
The rights and obligations of legal persons
While legal persons enjoy rights, they also bear corresponding obligations. Under Indian law, animals are considered legal persons, which means they have basic rights such as the right to life and liberty. Furthermore, this legal status is equally important for religious entities of faith communities and may affect the management of their resources.
For all legal practitioners, the essence of law is to give legality and effectiveness to their actions, which not only affects human beings, but also extends to the entire natural world.
Legal professionals give organizations and collective actions a more solid legal foundation, which not only promotes the development of commercial activities, but also deepens people's joint responsibilities at the legal level.
However, the legal personality of a legal person is not omnipotent. With the development of law, more and more organizations may face re-evaluation and challenges of their legal personality, which reminds us that when considering the concept of legal persons, we must carefully interpret its connotation.
From the legal structure of ancient Rome to the diversified practices of modern society, the concept of legal persons has always existed and developed. As the core of legal operations, it makes the society as a whole more powerful in dealing with new challenges.
In the ever-changing legal environment, how will future lawyers evolve? How will this affect our lives and social structures?
