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 providing legal personality for all, including birth registration by 2030 as part of the 2030 Agenda. [9] NO ONE. This word applies to men, women and children who are called natural persons. In law, man and person are not exactly synonymous concepts. Every person is a man, whether he is a member of society or not, regardless of the rank he holds, regardless of age, sex, etc. A person is a person who is considered according to the rank he occupies in society, with all the rights to which the place he occupies and the duties it imposes on him. 1 bouv. Inst.
No. 137. 2. It is also used to refer to a society that is an artificial person. 1 Bl. comm. 123; 4 Bing. 669; C. 33 Eng. C. L R.
488; Forests. 116; Ferry. We. 57; 1 Mod. 164. 3. However, where the word `persons` is used in legal acts, natural persons shall be used, unless something appears in relation to the fact that they are legal persons. 1 Fraud. No. 178. 4.
Natural persons shall be divided into men or men; and women or women. Men are capable of all kinds of obligations and functions, unless it is done for reasons that apply to certain people. Women may not be appointed to public office or to civilian functions other than those expressly permitted by law. Civil Code by Louis. 25. 5. They are also sometimes divided into free people and slaves. Free persons are those who have preserved their natural freedom, that is, who have the right to do what is not forbidden by law. A slave is someone who is in the power of a master to whom he belongs. Slaves are sometimes ordered not by people, but by things. But sometimes they are seen as persons, for example, a black person in contemplation of the law is a person in order to be able to commit an uprising in conjunction with white men. 1 bay, 358.
6. Persons are also referred to as citizens (para. u.) and foreigners (see below) when viewed in terms of their political rights. Considered from the point of view of their civil rights, they are alive or dead civilly; civil death vacuum; Outlaw; and well-known people. 7. People are divided into legitimate and bastards when they are examined for their rights from birth. 8. In their family relations, they are divided into parents and children; husbands and wives; guardians and wards; and master and servant son, as it is understood in the law, see 1 Toull. No.
168; 1 bouv. Inst. n. 1890, Anm. 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 corporation, 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. Foreign governments that would otherwise have the right to bring an action in U.S. courts are „persons“ who have the right to bring an action for triple damages for alleged violations of antitrust laws under the Clayton Act (15 U.S.C.A. § 12 et seq.).
In classical times, there was a rebuttable presumption that children conceived during marriage were legitimate children of the husband and therefore in his potestas (cf. D 2). 4. 5. In addition, daughters-in-law who were married manu were with sons in Potestate in the potestas of paterfamilias. Illegitimate children have always been considered sui iuris. Legal entities are businesses such as corporations, corporations (in some jurisdictions), and many government agencies. They are legally treated as if they were people. [4] [6] [7] G 1.9: „The first division of men by the law of persons is into free men and slaves.“ Inst 1. 3 pr; D 1.
5. 3. And see Inst 1.3.2: „Slavery is an institution of international law (ius gentium) by which one man is subjected, unlike nature, to the domination of another.“ 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] The term cognatio (inbreeding) has been used to refer to relatives by women (cognati). 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.
Roman personal law is defined as the set of rules dealing with the legal status of the human person (persona), which includes his rights, abilities and duties. It concerned the different aspects of a person`s status (status or condicio) as an individual, as a member of the community and as a member of a family, so it includes the law of marriage and family relations. Although the concept of persona went through a long evolutionary process, since the classical period it simply meant human (homo). Therefore, even slaves (served) were considered persons, although in modern jurisprudence a slave is a legal object of rights and duties, while a free person was a legal subject or holder of rights and duties. Although Roman law also recognizes non-human subjects of rights and obligations, such as private companies and public enterprises (called legal persons in contemporary law), these entities were not considered persons, because in the eyes of the law, only the natural person was a persona. Venia aetatis was usually awarded to young people who showed a certain degree of maturity and intellectual development. It enshrines all the rights associated with full legal capacity (with the exception of the right to dispose of immovable property or to pledge immovable property without a court order). This institution has been adopted with variations of many modern legal systems. Article 19(3) of the Basic Law provides: „Fundamental rights shall also apply to national legal persons, so far as the nature of those rights so permits.“ [21] More specifically, under the authority of paterfamilias persons in mancipio, that is.
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