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Legal person

A legal person in legal context typically is a person (or less ambiguously, a legal entity)—whether human or non-human—that is recognized as having certain privileges and obligations such as the legal capacity to enter into contracts, to sue, and to be sued.Registered trade unions are legal persons. They may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement. A legal person in legal context typically is a person (or less ambiguously, a legal entity)—whether human or non-human—that is recognized as having certain privileges and obligations such as the legal capacity to enter into contracts, to sue, and to be sued. However, the term 'legal person' is ambiguous because it is often used as a synonym of terms that refer only to non-human legal entities, specifically in contradistinction to 'natural person'. So there are of two kinds of legal entities, human and non-human: natural persons (also called physical persons) and juridical persons—also called juridic, juristic, artificial, legal, or fictitious persons, Latin: persona ficta—which are entities such as a corporation, firm, business or non-business group, or government agency, etc., that are treated in law as if they were persons. While human beings acquire legal personhood when they are born (or even before in some jurisdictions), juridical persons do so when they are incorporated in accordance with law. Legal personhood is a prerequisite to legal capacity, the ability of any legal person to amend (enter into, transfer, etc.) rights and obligations. In international law, consequently, legal personality is a prerequisite for an international organization to be able to sign international treaties in its own name. Artificial personality, juridical personality, or juristic personality is the characteristic of a non-living entity regarded by law to have the status of personhood. A juridical or artificial person (Latin: persona ficta; also juristic person) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a natural person. The concept of a juridical person is a fundamental legal fiction. It is pertinent to the philosophy of law, as it is essential to laws affecting a corporation (corporations law). Juridical personhood allows one or more natural persons (universitas personarum) to act as a single entity (body corporate) for legal purposes. In many jurisdictions, artificial personality allows that entity to be considered under law separately from its individual members (for example in a company limited by shares, its shareholders). They may sue and be sued, enter contracts, incur debt, and own property. Entities with legal personality may also be subjected to certain legal obligations, such as the payment of taxes. An entity with legal personality may shield its members from personal liability.

[ "Management", "Law and economics", "Law" ]
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