Any Natural or Legal Person

Whether one uses the terms “legal person” or “legal person”, their meaning has led to a variety of conflicts, not only at the national level, but also at the regional and global level. This has led to the encouragement of efforts to improve the rules of the International Chamber of Commerce and to improve model laws in order to improve cross-border legal advice. On the other hand, they have also entailed high and significant costs in administrative and judicial proceedings. According to Maria Helena Diniz, a natural or natural person is “the person who is considered to be the subject of rights and duties”. Every human being is endowed with legal personality and therefore with a legal subject. [1] Artificial personality, legal personality or legal personality is the characteristic of a non-living entity that is considered by law as a person`s status. One. A natural person remains the same; They simply acquire the status of trader because of their professional exercise of a commercial activity. A legal person, once established, is a person different from the people who compose it. In addition to identifying the holder of the rights and obligations, the legal person contributes to the legal effect of the actions carried out by the commercial entity.

Section 28 of the New Zealand Bill of Rights 1990 states: “. The provisions of this Bill of Rights shall apply, as far as possible, for the benefit of all legal persons and natural persons.¬†Another difference between a natural person and a legal person is that a natural person can only be classified as a living and breathing person. The definition of corporation can be used to refer to various organizations. For example, natural persons differ from legal persons in that the latter are deceased persons, unborn persons, partnerships, corporations, universities, corporations and corporations, to name but a few. Legal persons can also be described as “fictitious”, “artificial” or “legal” persons. Formalist theory or theory of technical reality (Francisco Ferrara). The word “person” has three meanings for Mr. Ferrara: (a) biological, referring to a rational being; b) philosophically, referring to a rational being capable of proposing and executing objectives; and (c) legal, which treats the person as a legal person with rights and obligations.24 Mr. Ferrara considers that the latter is only a status or a state of being that includes only societies and social organizations.25 In the study of law, the word “personality” has several meanings.

Indeed, legal personality confers on the matter certain legal rights and obligations within a particular legal system, such as the conclusion of contracts, the indebtedness of property, the assumption of debts, etc. Legal personality is a prerequisite for legal capacity, the ability of any legal person to modify (seize, transfer, etc.) its rights and obligations. The elements of the legal person resulting from these statutes are: the legal person, the free will, the subjective rights and duties of an entity or subject that correspond to the same element indicated in the section on the personal knowledge of that author. Subsequent expert opinions interpreted these pre-argumentative comments as part of the legal decision. [26] Accordingly, under the First Amendment, Congress cannot enact any law restricting the freedom of expression of a company or political action group or requiring reporting on a local newspaper,[27] and under the due process clause, a state government cannot take possession of a company without due process and without providing fair compensation. These guarantees apply to all legal entities, not just companies. Realistic theories: Keep in mind that legal entities, both private and public, are real. As such, those who have rights include not only humans, but any being who has his own will and life. According to this thought, a company exists as an objectively real entity and the law only recognizes and gives effect to its existence. Therefore, the law cannot create entities, but only recognize them.

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