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c o m
LEGAL PERSONALITY
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k e r s
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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Legal- Anything which is permitted by Law.
Persona- Person.
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Salmond-
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A person is any being whom the law regards as capable of rights and
o p duties. r
T Kinds-
a. Natural Person
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b. Legal Person
LEGAL PERSONALITY
Natural Person:
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Holland- Natural Persons are regarded by Law as capable
of rights and duties.
. c o m
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The first requisite of a normal human being is that he must
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be recognised as possessing a sufficient status to enable him
o p r
to possess rights and duties.
T
The second requisite of normal human being is that he must
be born alive. He must possess essentially human character.
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LEGAL PERSONALITY
Legal Person: tr-4L8L0Q9N9U
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Real or imaginary beings to whom personality is attributed by
law by way of fiction where it does not exist in facts.
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Juristic Persons- Things, mass or property, group of human
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being or an institution upon whom the law has conferred a legal
o p r
status and who are in the eyes of law capable of having rights
T and duties as natural persons.
Two essentials- Corpus and Animus
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LEGAL PERSONALITY
Legal Person: tr-4L8L0Q9N9U
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Corpus- - Body into which law infuses the Animus.
Animus- Will or intention of the fictitious personality.
. c o m
k e
There is double fiction:
n
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1st- Juristic person is created or made an entity.
o
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2nd- clothed with the will of a living being.
Legal person has real existence but its personality is fictitious.
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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Legal Personality
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a. Rights and Duties
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o p r
b. Withhold property
T c. Sue or be sued
d. Enter Contracts
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LEGAL PERSONALITY
a. Animals
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Law is made for men and allows no fellowship of bonds of obligation between
men and lower animals.
Owner of animals have rights and duties.
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n
Two cases intr-4Lwhich
k e beast
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Animals in wild are protected to protect the interest of society in general.
may be thought to possess legal rights:
a
2R
o p r
a. Cruelty to animals is a criminal offence.
T
b. Trust for the benefit of particular class of animals as opposed to one for
individual animals is valid and enforceable as a public and charitable trust.
Salmond- These duties towards animals are conceived by the law as duties towards
society itself. They correspond not to private rights vested in the immediate
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beneficiaries 0Ebut to public rights vested in the community at large. The community has
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a rightful interest in the well being even of the dumb animals which belongs to it.
LEGAL PERSONALITY
b. Dead Man tr-4L8L0Q9N9U
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No longer persons in the eyes of law.
Personality of human being commences from its birth and ceases
to exist at death.
. c o m
They have laid down their legal personality with their lives and
n k e
they are destitute of rights and liabilities.
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No rights as they do not have any interest.
Body- no legal personality
T Property- go to heirs or executors
Reputation-
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De mortuis nil nisi bonum dicendum est.
LEGAL PERSONALITY
b. Dead Man tr-4L8L0Q9N9U
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3 things in respect of which anxiety of living man extend even
after their death:
. c o m
n
a. His body
k e
b. His reputation
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o p r c. His estate
T
Criminal law secures a decent burial for all dead men and a libel
against a dead man is punished as a misdemeanour when its
publication is an attack on the interest of living person.
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LEGAL PERSONALITY
c. Unborn Person
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Ownership is contingent on the person being born alive.
If stillborn- legal personality falls void ab initio.
. c o m
E.g- A man may settle property upon his wife and the children to
n k e
be born of her, even if he dies intestate, his unborn child will
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inherit the state.
A child in mother’s womb is for many purposes regarded by a legal
T fiction as already born.
Wilful or negligent injury inflicted on a child in the womb, by
reason of which it dies after having been born alive, amounts to
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murder or manslaughter.
LEGAL PERSONALITY
d. Idol
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Juristic Person and can hold property.
Treated as Minor and Pujari or someone else can acts on its behalf
as guardian.
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n k
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Pramatha Nath Mullick v. Pradyumma Kumar Mullick
Held- an idol is a juristic person. rs
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Yogendra Nath Naskar v. Commissioner of Income Tax
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Held- Hindu idol is a juristic entity capable of holding property
and of being taxed through its shebaits who are entrusted with
possession and management of its property.
A Hindu deity will fall under the word individual for Income Tax
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Act, 1922 and can be treated as a unit of assessment capable of
being taxed through its shebaits.
LEGAL PERSONALITY
d. Idol
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Mosque is not a juristic person.
Maula Baksh v. Hafeez-ud-din
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Mosque was a juristic person and could sue and be used.
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Masjid Shahid Ganj case,
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Suit cannot be brought by or against mosque as they are not
T artificial person in the eyes of law.
Privy Council left the question open about whether Mosque can be
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LEGAL PERSONALITY
Types of Legal Person: tr-4L8L0Q9N9U
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a. Corporation:
Artificial or fictitious person constituted by the personification of
the group or a series of individuals. The individuals forming corpus
. c o m
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of the corporation is called its members.
b. Institutions:
a n k
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o p r
The corpus or the object personified is not a group or succession
of individuals but an institution itself. E.g- college, church,
T library, etc.
c. Fund or Estate:
Corpus or the object personified is some fund or estate reserved for
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a particular purpose. E.g- estate under trust, property of dead man.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
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n k
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e Corpus
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o p r A body of Person
T
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Kinds-
. c o m
I. Corporate Aggregate
n k e
A distinct legal personality is given to a group or collection of
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persons who become united to accomplish a task/purpose.
E.g- Google
T II. Corporate Sole
It has a single office occupied by a single natural person.
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E.g- P.M.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Features-
. c o m
I. An artificial or fictitious person made up of group or series of
n k e
persons and natural persons as its members.
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II. A corporation can own property and has rights and duties.
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III. It does not die the way natural person die.
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IV. It has distinct personality from its members.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
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I. Fiction Theory:
n k
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Any entity apart from human is given legal personality through
o p r
fiction.
T Salomon v. Salomon Co. Ltd. (1897)
A corporate body has its own reality or character independent and
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unmistakable from its individuals.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
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II. Concession Theory:
n k
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The fictional personality is given to corporation by state.
o p r
T Supporters- Savigny, Salmond, Blackstone, Dicey
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
. c o m
III. Purpose Theory:
n k
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Legal Personality is only of humans.
p r
Juristic Persons are just subjectless property which are meant for
o
T certain purposes only.
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Supporters- E.I. Bekker, Demilius
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
. c o m
IV. Bracket Theory or Symbolist Theory:
n k e
Rights and duties are of members and not of corporation and for
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o p r
our convenience we put a bracket around them and call them
corporation.
T
Symbolist- Bracket is replaced with symbol. E.g- Pepsi.
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Supporters- Ihering
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
V. Realist Theory or Organic Theory:
. c o m
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n k duties. rs
Corporation in its real sense is a different entity having its own rights and
e
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p r
Just like human being company is also an organism which is real.
o
T Law only recognize it as entity and d not create it.
Corporation is a social organism already in existence.
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Supporters- Gierke, Maitland
LEGAL PERSONALITY tr-4L8L0Q9N9U
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c. Unborn Person
Ownership is contingent on the person being born alive.
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n k
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If stillborn- legal personality falls void ab initio.
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o p r d. Idol
T Juristic Person and can hold property.
Treated as Minor and Pujari or someone else can acts on its behalf
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as guardian.
Gurudwara Prabandak Committee v. Somnath Das (2000)
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
. c o m
n k
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e Corpus
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o p r A body of Person
T
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Kinds-
. c o m
I. Corporate Aggregate
n k e
A distinct legal personality is given to a group or collection of
tr-4L8L0Q9N9U rs
a
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o p r
persons who become united to accomplish a task/purpose.
E.g- Google
T II. Corporate Sole
It has a single office occupied by a single natural person.
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E.g- P.M.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Features-
. c o m
I. An artificial or fictitious person made up of group or series of
n k e
persons and natural persons as its members.
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o p r
II. A corporation can own property and has rights and duties.
T
III. It does not die the way natural person die.
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IV. It has distinct personality from its members.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
. c o m
I. Fiction Theory:
n k
tr-4L8L0Q9N9U
e rs
a
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Any entity apart from human is given legal personality through
o p r
fiction.
T Salomon v. Salomon Co. Ltd. (1897)
A corporate body has its own reality or character independent and
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unmistakable from its individuals.
LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
. c o m
II. Concession Theory:
n k
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e rs
a
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The fictional personality is given to corporation by state.
o p r
T Supporters- Savigny, Salmond, Blackstone, Dicey
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
. c o m
III. Purpose Theory:
n k
tr-4L8L0Q9N9U
e rs
a
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Legal Personality is only of humans.
p r
Juristic Persons are just subjectless property which are meant for
o
T certain purposes only.
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Supporters- E.I. Bekker, Demilius
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LEGAL PERSONALITY tr-4L8L0Q9N9U
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e. Corporate Personality
Theories
. c o m
IV. Bracket Theory or Symbolist Theory:
n k e
Rights and duties are of members and not of corporation and for
tr-4L8L0Q9N9U rs
a
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o p r
our convenience we put a bracket around them and call them
corporation.
T
Symbolist- Bracket is replaced with symbol. E.g- Pepsi.
tr-4H8B0E9G9K
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Supporters- Ihering
LEGAL PERSONALITY
tr-4L8L0Q9N9U
7R2R
e. Corporate Personality
Theories
V. Realist Theory or Organic Theory:
. c o m
tr-4L8L0Q9N
n k duties. rs
Corporation in its real sense is a different entity having its own rights and
e
a
9U7R2R
p r
Just like human being company is also an organism which is real.
o
T Law only recognize it as entity and d not create it.
Corporation is a social organism already in existence.
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Supporters- Gierke, Maitland
