NationMaster - Encyclopedia: Legal person

A legal person, also called juridical person or juristic person, is a legal entity through which the law allows a group of natural persons to act as if they were a single composite individual for certain purposes, or in some jurisdictions, for a single person to have a separate legal personality other than their own. ^[1] ^[2] This legal fiction does not mean these entities are human beings, but rather means that the law allows them to act as persons for certain limited purposes—most commonly lawsuits, property ownership, and contracts. This concept is separate from and should not be confused with limited liability or the joint stock principle.^[3]. Also note that basic rights (like the rights to free speech and due process of law) do not necessarily follow from legal personhood. A legal person is sometimes called an artificial person or legal entity (although the latter is sometimes understood to include natural persons as well). Although the concept of a legal person is more central to Western law in both common law and civil law countries, it is also found in virtually every legal system. ^[4] In jurisprudence, a natural person is a human being perceptible through the senses and subject to physical laws, as opposed to an artificial or juristic person, i. ... For other uses, see Person (disambiguation). ... In the common law tradition, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... Civil action redirects here. ... This article or section does not cite any references or sources. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Limited liability (LL) is liability that is limited to a partner or investors investment. ... In jurisprudence, a natural person is a human being perceptible through the senses and subject to physical laws, as opposed to an artificial or juristic person, i. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses of civil law, see civil law. ...

In England and the United States, the use of this terminology does not mean that legal persons are considered human beings. It is simply a "technical legal meaning" in which "a 'person' is any subject of legal rights and duties."^[5] Because these entities may have legal rights and duties, they are considered 'legal persons' to distinguish them from natural persons. For other uses, see England (disambiguation). ...

Note: This Wikipedia entry deals with the legal concept legal person. There is an ongoing political debate and controversy in the U.S. over the extent to which constitutional rights presumed to have been created for natural persons have increasingly been asserted by corporations and other legal persons, popularly referred to as corporate personhood. For more information, see Corporate personhood debate.

Examples

Legal personality refers to the ability of an organization to enter into legal transactions such as holding property or entering into debt. Some examples of legal persons include:

Not all organizations have legal personhood. For example, the board of directors of a corporation, legislature, or governmental agency typically are not legal persons in that they have no ability to exercise legal rights independent of the corporation or political body which they are a part of. One consequence of this is that lawsuits against a government agency typically are not directed at that agency but rather at a particular person within that agency that exercises governmental authority. The term company may refer to a separate legal entity, as in English law, or may simply refer to a business, as is the common use in the United States. ... Co-op redirects here. ... For other uses, see Corporation (disambiguation). ... A corporation sole in English law is a legal entity consisting of a single person (sole). This allows the corporation to pass vertically from one holder of a position to the next, giving the position legal continuity. ... At common law, an estate is the totality of the legal rights, interests, entitlements and obligations attaching to property. ... A European Economic Interest Grouping (EEIG) is a type of legal entity created on 25th July 1985 under EU Council Regulation 2137/85. ... A flow-through entity (FTE) is a corporate legal entity where income flows through to investors (unitholders) in the form of regular cash distributions. ... This article is about a U.S.-specific corporate form; for a general discussion of entities with limited liability, see corporation. ... A municipality is an administrative entity composed of a clearly defined territory and its population and commonly referring to a city, town, or village, or a small grouping of them. ... In jurisprudence, a natural person is a human being perceptible through the senses and subject to physical laws, as opposed to an artificial or juristic person, i. ... A partnership is a type of business entity in which partners (owners) share with each other the profits or losses of the business undertaking in which all have invested. ... A political party is a political organization that seeks to attain political power within a government, usually by participating in electoral campaigns. ... In the United States, a political action committee, or PAC, is the name commonly given to a private group organized to elect or defeat government officials in order to promote legislation, often supporting the groups special interests. ... â€œSovereignâ€ redirects here. ... For other uses, see State (disambiguation). ... Temple of Hephaestus, an Doric Greek temple in Athens with the original entrance facing east, 449 BC (western face depicted) For other uses, see Temple (disambiguation). ... The Lawrence textile strike (1912), with soldiers surrounding peaceful demonstrators A trade union or labor union is an organization of workers who have banded together to achieve common goals in key areas such as wages, hours, and working conditions, forming a cartel of labour. ... This law-related article does not cite its references or sources. ... Italian ship-rigged vessel Amerigo Vespucci in New York Harbor, 1976 A ship is a large, sea-going watercraft. ... For the architectural structure, see Church (building). ... For other senses of this word, see denomination. ...

Creation and history of the doctrine

In the common law tradition, only a person could sue or be sued. This was not a problem in the era before the Industrial Revolution, when the typical business venture was either a sole proprietorship or partnership—the owners were simply liable for the debts of the business. A feature of the corporation, however, is that the owners/shareholders enjoyed limited liability—the owners were not liable for the debts of the company. Thus, when a corporation breached a contract or broke a law, there was no remedy, because limited liability protected the owners and the corporation wasn't a legal person subject to the law. There was no accountability for corporate wrong-doing. A Watt steam engine, the steam engine that propelled the Industrial Revolution in Britain and the world. ... A sole proprietorship, or simply proprietorship, is a type of business entity which legally has no separate existence from its owner. ... A partnership is a type of business entity in which partners (owners) share with each other the profits or losses of the business undertaking in which all have invested. ... Limited liability (LL) is liability that is limited to a partner or investors investment. ...

To resolve the issue, the legal personality of a corporation was established to include five legal rights -- the right to a common treasury or chest (including the right to own property), the right to a corporate seal (i.e., the right to make and sign contracts), the right to sue and be sued (to enforce contracts), the right to hire agents (employees) and the right to make by-laws (self-governance).

Since the 1800s, legal personhood has been further construed to make it a citizen, resident, or domiciliary of a state (usually for purposes of personal jurisdiction). In Louisville, C. & C.R. Co. v. Letson, 2 How. 497, 558, 11 L.Ed. 353 (1844), the U.S. Supreme Court held that for the purposes of the case at hand, a corporation is “capable of being treated as a citizen of [the State which created it], as much as a natural person.” Ten years later, they reaffirmed the result of Letson, though on the somewhat different theory that “those who use the corporate name, and exercise the faculties conferred by it,” should be presumed conclusively to be citizens of the corporation's State of incorporation. Marshall v. Baltimore & Ohio R. Co., 16 How. 314, 329, 14 L.Ed. 953 (1854). These concepts have been superseded by statute, since U.S. jurisdictional statutes specifically address the domicile of corporations. Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ...

Limitations

There are limitations to the legal recognition of legal persons. Legal entities cannot marry, they usually cannot vote or hold public office,^[7] and in most jurisdictions there are certain positions which they cannot occupy.^[8] The extent to which a legal entity can commit a crime varies from country to country. Certain countries prohibit a legal entity from holding human rights; other countries permit artificial persons to enjoy certain protections from the state that are traditionally described as human rights.^[9] Matrimony redirects here. ... Voting is a method of decision making wherein a group such as a meeting or an electorate attempts to gauge its opinionâ€”usually as a final step following discussions or debates. ... Public administration is, broadly speaking, the implementation of policy within a state framework. ... In criminology, corporate crime refers to crimes committed either by a corporation (i. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ...

Special rules related to legal persons in relation to the law of defamation. Defamation is the area of law in which a person's reputation has been unlawfully damaged. This is considered an ill in itself in regard to natural person, but a legal person is required to show actual or likely monetary loss before a suit for defamation will succeed.^[10] Slander and Libel redirect here. ...

Extension of basic rights to legal persons

United States

In part based on the principle that legal persons are simply organizations of human individuals, and in part based on the history of statutory interpretation of the word "person," the U.S. Supreme Court has repeatedly held that certain constitutional rights protect legal persons (like corporations and other organizations). Santa Clara County v. Southern Pacific Railroad is sometimes cited for this finding, because the court reporter's comments included a statement the Chief Justice made before oral arguments began, telling the attorneys during pre-trial that "the court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does." Later opinions misinterpreted these pre-argument comments as part of the legal decision. ^[11] As a result, because of the First Amendment, Congress can't make a law restricting the free speech of a corporation, a political action group or dictating the coverage of a local newspaper.^[12] Because of the Due Process Clause, a state government can't take the property of a corporation without using due process of law and providing just compensation. These protections apply to all legal entities, not just corporations. Santa Clara County v. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...

People's Republic of China

For a typical example of the concept of legal person in a civil law jurisdiction, under the General Principles of Civil Law of the People's Republic of China, "[j]uristic persons are organs which possess the capacity for civil rights and the capacity for civil activity, and in accordance with the law, independently enjoy civil rights and undertake civil obligations."^[13] Note however that the term civil right means something altogether different in civil law jurisdictions than in common law jurisdictions. Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ...

Controversies about "corporate personhood" in the U.S.A.

Since the mid-1800s, 'corporate personhood' has become increasingly controversial, as courts have extended other rights to the corporation beyond those necessary to ensure their liability for debts. Other commentators argue that corporate personhood is not a fiction anymore—it simply means that for some legal purposes, "person" has now a wider meaning than it has in non-legal uses. Some groups and individuals (including the American Green Party^[14]) have objected to "corporate personhood." Image File history File links Question_book-3. ... This article is about the American political party, Green Party. ...

In part as a matter of subsequent interpretations of the word "person" in the Fourteenth Amendment, U.S. courts have extended certain constitutional protections to corporations. Opponents of "corporate personhood" don't necessarily want to eliminate legal entities, but do want to limit these rights to those provided by state constitutions through constitutional amendment.^[15] Often, this is motivated by a desire to restrict the political speech and donations of corporations, interest groups, lobbyists, and political parties. Social commentator Thom Hartmann is among those that share this view.^[16] Because legal persons have limited "free speech" rights, legislation meant to eliminate campaign contributions by legal persons (notably, corporations and labor unions) has been repeatedly struck down by various courts. This article is about political advocates. ... Lobbying is the practice of private advocacy with the goal of influencing a governing body, in order to ensure that an individuals or organizations point of view is represented in the government. ... A political party is a political organization that seeks to attain political power within a government, usually by participating in electoral campaigns. ... Thom Hartmann Thom Hartmann (b. ...

See also

Human rights are rights which some hold to be inalienable and belonging to all humans. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ... This is a list of all the United States Supreme Court cases from volume 118: , 118 U.S. 1 (1886) , 118 U.S. 10 (1886) , 118 U.S. 19 (1886) , 118 U.S. 22 (1886) , 118 U.S. 25 (1886) , 118 U.S. 37 (1886) , 118 U.S. 43 (1886...

Notes

English law is a formal term of art that describes the law for the time being in force in England and Wales. ... A corporation sole in English law is a legal entity consisting of a single person (sole). This allows the corporation to pass vertically from one holder of a position to the next, giving the position legal continuity. ... The Bishop of Durham is the officer of the Church of England responsible for the diocese of Durham, one of the oldest in the country. ... John Chipman Gray (July 14, 1839 - February 25, 1915) was an American scholar of property law and professor at Harvard Law School. ... A functional constituency, in Hong Kong politics, refers to professional and special interest groups involved in the electoral process. ... Chairman of the Board redirects here. ... In law, a liquidator is the officer appointed when a company goes into winding-up or liquidation who has responsibility for collecting in all of the assets of the company and settling all claims against the company before putting the company into dissolution. ... A tax is an involuntary fee paid by individuals or businesses to a state, or to functional equivalents of a state, including tribes, secessionist movements or revolutionary movements. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ...

References

For other uses, see Law (disambiguation). ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article is about legal torts. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice_2. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Immigration law refers to national government policies which control the phenomenon of immigration to their country. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... Corporate law (also corporations law or company law) refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administrationâ€”see text) in the United Kingdom. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... Antitrust redirects here. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... International law deals with the relationships between states, or between persons or entities in different states. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses of civil law, see civil law. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... Topics in Christianity Movements Â· Denominations Ecumenism Â· Preaching Â· Prayer Music Â· Liturgy Â· Calendar Symbols Â· Art Â· Criticism Important figures Apostle Paul Â· Church Fathers Constantine Â· Athanasius Â· Augustine Anselm Â· Aquinas Â· Palamas Â· Wycliffe Tyndale Â· Luther Â· Calvin Â· Wesley Arius Â· Marcion of Sinope Pope Â· Patriarch of Constantinople Christianity Portal This box: Canon law is the term used for... Sharia (Arabic: transliteration: ) is the body of Islamic religious law. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... For the jurisprudence of courts, see Case law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. ... For other uses, see Law (disambiguation). ... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A Legislature is a type of representative deliberative assembly with the power to create, amend and ratify laws. ... This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box: Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

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