Saturday 23 September 2023

What is basic concept of legal personality?


The main object of law is to regulate the relationship between individuals in the society. The law imposes certain duties on individuals for theprotection of interests of mankind. The law being concerned with regulating the human conduct, the concept of legal personality constitutes an important subject-matter ofjurisprudence because there cannot be rights and duties without a person.

Origin of the concept of  legal  personality

The word “ person” is derived from the Latin word persona which meant a mask worn by actors playing different roles in a drama.Generally, there are two types of person which the law recognizes, namely,Natural and artircial.One of the most recognized artificial person is corporation.

Definition of"legal person”

Salmond defines, “ any being to whom the law regards as capable of rights or duties. Any being that is so capable, is a person whether human being or not and nothing that is not so capable is a person even though he a man.”

Gray defines, “entity to which rights and duties may be attributed”.

Paton defines, legal personality is a medium through which some such units are created in whom right scan be vested.

Kinds of Persons

  1. Natural Persons- A Natural person is a human being capable of rights and duties. They are both persons in fact and in law.

  2. Legal persons- “legal persons are being, real or imaginary, who for the purpose oflegal reasoning are treated in greater or less degree in the same way as human beings.” they are persons in law, but not in fact. Legal persons are also termed fictitious, juristic, artificial or moral.

    1. Corporation : a corporation is a group or series of persons which, by a legal fiction, is regarded and treated as a person.

    2. Institution : the object selected for personification is not a group or series of persons, but an institution, for eg., a church or university.

    3. Fund or Estate : the corpus is some fund or estate devoted to special of uses, for eg., a charitable fund or a trust estate.

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