vustudents
09-06-2011, 11:58 PM
1. Introduction:
The word “Person” is derived from the Latin word “Persona”. To begin with, it simply meant mask then it was used to denote the part played by a man in life and then in the sense of a man who played the part. But now under a legal theory, a person is any being who is capable of sustaining rights and duties. At common law persons are divided into different kinds and different attributes given to them.
2. Definition Of Person:
I. According To Salmond:
“A person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person whether a human being or not so capable is a person even though he is a men.”
II. According To Gray:
“Person is an entity to which rights and duties may be attributed.”
3. Kinds Of Person:
Following are the kinds of person as recognized by law:
I. Natural Person
II. Legal Person
I. Natural Person:
According to Holland “A natural person is such a human begin as is regarded by the law as capable of rights and duties.” Natural persons are living human beings recognized as persons by the state.
(i) Requisites of human being:
Following are the requisites of normal human being:
(a) He must be recognized as possessing a sufficient states to enable him to possess rights and duties.
(b) He must be born alive.
(c) He must possess essentially human characteristics.
II. Legal Person:
Legal persons are also knows as artificial, juristic or fictitious person. They are real or imaginary beings to whom personality is attributed by law by way of fiction, where is dose not exist in fact. They are also defined as those things, mass of property, group of human beings or an institution upon whom the law has conferred a legal status and who are in the eye of law capable of having rights and duties as natural persons.
A. Essentials Of Legal Person:
Following are the essentials of legal person:
(a) Corpus:
The corpus is the body into which the law infuses the “animus”, will or intention of a fictitious personality.
(b) Animus:
The animus which is the personality or the will of the person.
B. Double Fiction:
There is a double fiction in a juristic person:
(a) By one fiction, the legal person is created or made an entity.
(b) By second fiction, it is clothes with the will of a living being.
C. Kinds Of Legal Person:
There are three of legal persons:
(i) Corporation
(ii) Institution
(iii) Fund or estate
(i) Corporation:
A corporation is an artificial or fictitious person. The individuals forming the corpus of the corporation are called its members.
Conditions for the existence of corporation:
Following conditions are necessary for the existence of a corporation:
(a) There must be a group or body of human beings associated for certain purposes.
(b) There must be organs through which the body or the group acts.
(c) A will is attributed to a corporation by a legal fiction.
Kinds of corporation:
There are two kinds of corporation:
(a) Corporation Aggregate
(b) Corporation Sole
(a) Corporation Aggregate:
According to Halsbury’ s Laws of England
“A corporation aggregate is a collection of individuals untied into one body, under a special domination, having perpetual succession under an artificial from and vested by the policy of the law with the capacity of acting in several respects.”
The number of corporation aggregate is very lager and they are of various kinds. For wxample registered company.
Slamond vs. Salmond and Co. (1897):
“In this case it was held that the company was a separate distinct entity.”
(b) Sole corporation:
Corporation sole is an incorporated series of successive persons. It is a corporation which has one member at a time. According to Dias and Hughes the main purpose of corporation sole is to ensure continuity. Moreover, the occupant of the office can acquire property for the benefit of his successor. A corporation sole in an example of dual personality.
Example:
Example of corporation sole are the offices of the post-master General, Auditor General and President of the Country.
(ii) Institution:
In some cases, the corpus or the object personified is not a group or succession of individuals but an institution itself.
Example:
College, Church, Laibrary, Mosque etc.
(iii) Fund or estate:
In some cases, the corpus or the object personified is some fund or reserved for a particular purpose.
Example:
Examples of this kind of legal persons are the property of a dead man, the estate of an insolvent, an estate under a trust etc.
4. Double Personality:
Law recognized many different capacities in which a man may act. If a single human being has in one capacity, there arises a case of dual personality. The natural person may owe a duty to the legal person or he may have rights against him. The trustee as an individual may owe money to or enter into contract with himself in his capacity as a trustee.
Example:
A corporation sole is an example of dual personality.
5. Conclusion:
To conclusion, I can say, that according to legal theory, only that being is designated as person who is capable of holding rights and duties irrespective of the fact whether he is human being or not. At common law persons are divided in two kinds by way of their existence by fiction or by fact.
The word “Person” is derived from the Latin word “Persona”. To begin with, it simply meant mask then it was used to denote the part played by a man in life and then in the sense of a man who played the part. But now under a legal theory, a person is any being who is capable of sustaining rights and duties. At common law persons are divided into different kinds and different attributes given to them.
2. Definition Of Person:
I. According To Salmond:
“A person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person whether a human being or not so capable is a person even though he is a men.”
II. According To Gray:
“Person is an entity to which rights and duties may be attributed.”
3. Kinds Of Person:
Following are the kinds of person as recognized by law:
I. Natural Person
II. Legal Person
I. Natural Person:
According to Holland “A natural person is such a human begin as is regarded by the law as capable of rights and duties.” Natural persons are living human beings recognized as persons by the state.
(i) Requisites of human being:
Following are the requisites of normal human being:
(a) He must be recognized as possessing a sufficient states to enable him to possess rights and duties.
(b) He must be born alive.
(c) He must possess essentially human characteristics.
II. Legal Person:
Legal persons are also knows as artificial, juristic or fictitious person. They are real or imaginary beings to whom personality is attributed by law by way of fiction, where is dose not exist in fact. They are also defined as those things, mass of property, group of human beings or an institution upon whom the law has conferred a legal status and who are in the eye of law capable of having rights and duties as natural persons.
A. Essentials Of Legal Person:
Following are the essentials of legal person:
(a) Corpus:
The corpus is the body into which the law infuses the “animus”, will or intention of a fictitious personality.
(b) Animus:
The animus which is the personality or the will of the person.
B. Double Fiction:
There is a double fiction in a juristic person:
(a) By one fiction, the legal person is created or made an entity.
(b) By second fiction, it is clothes with the will of a living being.
C. Kinds Of Legal Person:
There are three of legal persons:
(i) Corporation
(ii) Institution
(iii) Fund or estate
(i) Corporation:
A corporation is an artificial or fictitious person. The individuals forming the corpus of the corporation are called its members.
Conditions for the existence of corporation:
Following conditions are necessary for the existence of a corporation:
(a) There must be a group or body of human beings associated for certain purposes.
(b) There must be organs through which the body or the group acts.
(c) A will is attributed to a corporation by a legal fiction.
Kinds of corporation:
There are two kinds of corporation:
(a) Corporation Aggregate
(b) Corporation Sole
(a) Corporation Aggregate:
According to Halsbury’ s Laws of England
“A corporation aggregate is a collection of individuals untied into one body, under a special domination, having perpetual succession under an artificial from and vested by the policy of the law with the capacity of acting in several respects.”
The number of corporation aggregate is very lager and they are of various kinds. For wxample registered company.
Slamond vs. Salmond and Co. (1897):
“In this case it was held that the company was a separate distinct entity.”
(b) Sole corporation:
Corporation sole is an incorporated series of successive persons. It is a corporation which has one member at a time. According to Dias and Hughes the main purpose of corporation sole is to ensure continuity. Moreover, the occupant of the office can acquire property for the benefit of his successor. A corporation sole in an example of dual personality.
Example:
Example of corporation sole are the offices of the post-master General, Auditor General and President of the Country.
(ii) Institution:
In some cases, the corpus or the object personified is not a group or succession of individuals but an institution itself.
Example:
College, Church, Laibrary, Mosque etc.
(iii) Fund or estate:
In some cases, the corpus or the object personified is some fund or reserved for a particular purpose.
Example:
Examples of this kind of legal persons are the property of a dead man, the estate of an insolvent, an estate under a trust etc.
4. Double Personality:
Law recognized many different capacities in which a man may act. If a single human being has in one capacity, there arises a case of dual personality. The natural person may owe a duty to the legal person or he may have rights against him. The trustee as an individual may owe money to or enter into contract with himself in his capacity as a trustee.
Example:
A corporation sole is an example of dual personality.
5. Conclusion:
To conclusion, I can say, that according to legal theory, only that being is designated as person who is capable of holding rights and duties irrespective of the fact whether he is human being or not. At common law persons are divided in two kinds by way of their existence by fiction or by fact.