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In
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, a legal person is any
person A person (: people or persons, depending on context) is a being who has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations suc ...
or legal entity that can do the things a human person is usually able to do in law – such as enter into
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
s, sue and be sued, own property, and so on. The reason for the term "''legal'' person" is that some legal persons are not human persons:
companies A company, abbreviated as co., is a legal entity representing an association of legal people, whether natural, juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specifi ...
and
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s (i.e., business entities) are ''persons'', legally speaking (they can legally do most of the things an ordinary person can do), but they are not, in a literal sense,
human being Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are Hominidae, great apes characterized by their Prehistory of nakedness and clothing ...
s. Legal personhood is a prerequisite to
legal capacity Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sen ...
(the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and
obligations An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. O ...
): it is a prerequisite for an
international organization An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own le ...
being able to sign
international treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, conventi ...
in its own
name A name is a term used for identification by an external observer. They can identify a class or category of things, or a single thing, either uniquely, or within a given context. The entity identified by a name is called its referent. A person ...
.


History

The concept of legal personhood for organizations of people is at least as old as
Ancient Rome In modern historiography, ancient Rome is the Roman people, Roman civilisation from the founding of Rome, founding of the Italian city of Rome in the 8th century BC to the Fall of the Western Roman Empire, collapse of the Western Roman Em ...
: a variety of collegial institutions enjoyed the benefit under
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
. The doctrine has been attributed to
Pope Innocent IV Pope Innocent IV (; – 7 December 1254), born Sinibaldo Fieschi, was head of the Catholic Church and ruler of the Papal States from 25 June 1243 to his death in 1254. Fieschi was born in Genoa and studied at the universities of Parma and Bolo ...
, who seems at least to have helped spread the idea of ''persona ficta'' as it is called in
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
. In
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
, the doctrine of '' persona ficta'' allowed monasteries to have a legal existence that was apart from the monks, simplifying the difficulty in balancing the need for such groups to have infrastructure though the monks took vows of personal poverty. Another effect of this was that, as a fictional person, a monastery could not be held guilty of
delict Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of ...
due to not having a soul, helping to protect the organization from non- contractual obligations to surrounding communities. This effectively moved such liability to persons acting within the organization while protecting the structure itself, since persons were considered to have a soul and therefore capable of negligence and able to be
excommunicated Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in communion with other members of the con ...
. In the common law tradition, only a person could possess legal rights. To allow them to function, 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 19th century, legal personhood has been further construed to make it a citizen, resident, or domiciliary of a state (usually for purposes of
personal jurisdiction Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
). 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 he 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 codified by statute, as U.S. jurisdictional statutes specifically address the domicile of corporations.


Forms

There are two kinds of legal persons: human and non-human. In law, a human person is called a ''
natural person In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the br ...
'' (sometimes also a ''physical person''), and a non-human person is called a ''
juridical person A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the ...
'' (sometimes also a ''juridic'', ''juristic'', ''artificial'', ''legal'', or ''fictitious person'', ). Juridical persons are entities such as corporations, firms (in some
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s), and many
government agencies A government agency or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government (bureaucracy) that is responsible for the oversight and administration of specific functions, ...
. For most purposes they are treated in law as if they were human persons. While natural persons acquire legal personality simply by being born, juridical persons must have legal personality conferred on them by a legal process and, for this reason, they are sometimes called "artificial" persons. In the most common case ( incorporating a business), legal personality is usually acquired by registration with a
government agency A government agency or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government (bureaucracy) that is responsible for the oversight and administration of specific functions, s ...
set up for the purpose. In other cases, legal personhood may result from legislation, such as the manner in which the Charity Commission was created in the UK. The United Nations
Sustainable Development Goal 16 Sustainable Development Goal 16 (SDG 16 or Global Goal 16) is one of the 17 Sustainable Development Goals established by the United Nations in 2015, the official wording is: "Promote peaceful and inclusive societies for sustainable development, ...
advocates for the provision of legal identity for all natural persons, including birth registration by 2030 as part of the 2030 Agenda.


Juridical persons

Artificial personality, juridical personality, or juristic personality is the characteristic of a non-living entity regarded by law as having the status of
personhood Personhood is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a legal person (ei ...
. A juridical or artificial person (; also juristic person) has a
legal name A legal name is the name that identifies a person for legal, administrative and other official purposes. A person's legal birth name generally is the name of the person that was given for the purpose of registration of the birth and which then ...
and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a
natural person In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the br ...
. The concept of a juridical person is a fundamental
legal fiction A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from ...
. It is pertinent to the
philosophy of law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, as it is essential to laws affecting a corporation ( corporations law). Juridical personhood allows one or more natural persons (''universitas personarum'') to act as a single entity (body corporate) for legal purposes. In many
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s, artificial personality allows that entity to be considered under law separately from its individual members (for example in a company limited by shares, its
shareholder A shareholder (in the United States often referred to as stockholder) of corporate stock refers to an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the ...
s). They may sue and be sued, enter into contracts, incur
debt Debt is an obligation that requires one party, the debtor, to pay money Loan, borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Co ...
, and own
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
. Entities with legal personality may also be subjected to certain legal obligations, such as the payment of taxes. An entity with legal personality may shield its members from personal liability. In some
common law jurisdictions Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
a distinction is drawn between ''corporation aggregate'' (such as a company, which is composed of a number of members) and a ''
corporation sole A corporation sole is a legal entity consisting of a single ("sole") incorporated office, occupied by a single ("sole") natural person.
'', which is a public office of legal personality separated from the individual holding the office (these entities have separate legal personality). Historically most corporations sole were ecclesiastical in nature (for example, the office of the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the Primus inter pares, ceremonial head of the worldwide Anglican Communion and the bishop of the diocese of Canterbury. The first archbishop ...
is a corporation sole), but a number of other public offices are now formed as corporations sole. The concept of juridical personality is not absolute. "
Piercing the corporate veil Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which i ...
" refers to looking at the individual natural persons acting as agents involved in a company action or decision; this may result in a legal decision in which the rights or duties of a corporation or
public limited company A public limited company (legally abbreviated to PLC or plc) is a type of public company under United Kingdom company law, some Commonwealth of Nations, Commonwealth jurisdictions, and Republic of Ireland, Ireland. It is a limited liability co ...
are treated as the rights or liabilities of that corporation's members or
director Director may refer to: Literature * ''Director'' (magazine), a British magazine * ''The Director'' (novel), a 1971 novel by Henry Denker * ''The Director'' (play), a 2000 play by Nancy Hasty Music * Director (band), an Irish rock band * ''D ...
s. The concept of a juridical person is now central to
Western law Western law comprises the legal traditions of Western culture, with roots in Roman law and canon law. As Western culture shares a Graeco-Roman Classical and Renaissance cultural influence, so do its legal systems. History The rediscovery of ...
in both
common-law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prec ...
and civil-law countries, but it is also found in virtually every other legal system.


Examples

Some examples of juridical persons include: *
Cooperative A cooperative (also known as co-operative, coöperative, co-op, or coop) is "an autonomy, autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned a ...
s (co-ops), business organization owned and democratically operated by a group of individuals for their mutual benefit *
Corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
s are bodies corporate created by statute or charter. A
corporation sole A corporation sole is a legal entity consisting of a single ("sole") incorporated office, occupied by a single ("sole") natural person.
is a corporation constituted by a single member, in a particular capacity, and that person's successors in the same capacity, in order to give them some
legal benefit Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a pr ...
or advantage, particularly that of perpetuity, which a natural person could not have had. Examples are a religious officiant in that capacity, or
The Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
in the
Commonwealth realm A Commonwealth realm is a sovereign state in the Commonwealth of Nations that has the same constitutional monarch and head of state as the other realms. The current monarch is King Charles III. Except for the United Kingdom, in each of the re ...
s. A corporation aggregate is a corporation constituted by more than one member. **
Municipal corporations Municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally ow ...
(municipalities) are created by
statutes A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
. Other organizations may be created by statute as legal persons, including European economic interest groupings (EEIGs). *
Unincorporated associations A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to ac ...
, that is aggregates of two or more persons, are treated as juridical persons in some jurisdictions. *
Partnership A partnership is an agreement where parties agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations ...
s, an aggregate of two or more persons to carry on a business in common for profit and created by agreement. Traditionally, partnerships did not have continuing legal personality, but many jurisdictions now treat them as having an independent legal personality. *
Family Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...
can be treated as a legal person. *
Companies A company, abbreviated as co., is a legal entity representing an association of legal people, whether natural, juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specifi ...
are corporations – the term often refers to a business association that carries on an industrial enterprise, although companies may take other forms, such as
trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
s, unlimited companies,
trusts A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is k ...
, and
funds Funding is the act of providing resources to finance a need, program, or project. While this is usually in the form of money, it can also take the form of effort or time from an organization or company. Generally, this word is used when a firm us ...
.
Limited liability companies A limited liability company (LLC) is the United States-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a ...
—be they a
private company limited by guarantee A company limited by guarantee (CLG) is a type of company where the liability of members in the event the company is wound up is limited to a (typically very small) amount listed in the company's articles or constitution. Most have no share cap ...
,
private company limited by shares A private company limited by shares is a class of private limited company incorporated under the laws of England and Wales, Hong Kong, Northern Ireland, Scotland, certain Commonwealth jurisdictions, and the Republic of Ireland. It has shareh ...
, or
public limited company A public limited company (legally abbreviated to PLC or plc) is a type of public company under United Kingdom company law, some Commonwealth of Nations, Commonwealth jurisdictions, and Republic of Ireland, Ireland. It is a limited liability co ...
—are entities having certain characteristics of both a corporation and a partnership. Different types have a complex variety of advantages and disadvantages.Frisch D. (2011)
Commercial Law's Complexity
. ''George Mason Law Review''.
*
Sovereign state A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the ter ...
s are legal persons. * In the international legal system, various organizations possess legal personality. These include
intergovernmental organizations An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own leg ...
(the United Nations, the
Council of Europe The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
) and some other
international organization An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own le ...
s (including the
Sovereign Military Order of Malta The Sovereign Military Order of Malta (SMOM), officially the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta, and commonly known as the Order of Malta or the Knights of Malta, is a Catholic lay religious ...
, a
religious order A religious order is a subgroup within a larger confessional community with a distinctive high-religiosity lifestyle and clear membership. Religious orders often trace their lineage from revered teachers, venerate their Organizational founder, ...
). * The
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
(EU) has legal personality since the
Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two Treaty, treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all Member stat ...
entered into force on 1 December 2009. That the EU has legal personality is a prerequisite for the EU to join the European Convention on Human Rights (ECHR). However, in 2014, the EU decided not to be bound by the rulings of the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
. * Temples, in some legal systems, have separate legal personality. * The
Whanganui River The Whanganui River is a major river in the North Island of New Zealand. It is the country's third-longest river, and has special status owing to its importance to the region's Māori people. In March 2017 it became the world's second natur ...
was granted legal personality in March 2017 under
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
law because the Whanganui
Māori Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the Co ...
tribe regard the river as their ancestor. * Also, in March 2017, the High Court of Uttarakhand declared the
Ganges River The Ganges ( ; in India: Ganga, ; in Bangladesh: Padma, ). "The Ganges Basin, known in India as the Ganga and in Bangladesh as the Padma, is an international which goes through India, Bangladesh, Nepal and China." is a trans-boundary rive ...
a legal "person" in a move that according to one newspaper, "could help in efforts to clean the pollution-choked rivers". As of 6 April 2017, the ruling has been commented on in
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
n newspapers to be hard to enforce, with assertions that experts do not anticipate immediate benefits, that the ruling is "hardly game changing", that experts believe "any follow-up action is unlikely", and that the "judgment is deficient to the extent it acted without hearing others (in states outside
Uttarakhand Uttarakhand (, ), also known as Uttaranchal ( ; List of renamed places in India, the official name until 2007), is a States and union territories of India, state in North India, northern India. The state is bordered by Himachal Pradesh to the n ...
) who have stakes in the matter". The
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
overturned the decision of the High Court of Uttarakhand in July 2017. Not all organizations have legal personality. 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.


Worldwide


India

Indian law defines two types of "legal person", the human beings as well as certain non-human entities which are given the same legal judicial personality as human beings. The non-human entities given the "legal person" status by the law ''"have rights and co-relative duties; they can sue and be sued, can possess and transfer property"''. Since these non-human entities are ''"voiceless"'' they are legally represented ''"through guardians and representatives"'' to claim their legal rights and to fulfill their legal duties and responsibilities. Specific non-human entities given the status of ''"legal person"'' include ''"
corporate personality Corporate personality is a concept in Christian theology that was articulated by H. Wheeler Robinson. As originally formulated, it dealt with areas of the Old Testament where the relationships between individuals and the groups that they were par ...
,
body politic The body politic is a polity—such as a city, realm, or state—considered metaphorically as a physical body. Historically, the sovereign is typically portrayed as the body's head, and the analogy may also be extended to other anatomical part ...
, charitable unions etc,"'' as well as trust estates,
deities A deity or god is a supernatural being considered to be sacred and worthy of worship due to having authority over some aspect of the universe and/or life. The ''Oxford Dictionary of English'' defines ''deity'' as a God (male deity), god or god ...
, temples, churches, mosques, hospitals, universities, colleges, banks, railways, municipalities, and gram panchayats (village councils), rivers, all animals and birds.


Corporates and trusts

In court cases regarding corporates, the shareholders are not responsible for the company's debts but the company itself being a "legal person" is liable to repay those debts or be sued for the non-repayment of debts.


Animal kingdom

In court cases regarding animals, the animals have the status of ''"legal person"'' and humans have the legal duty to act as " loco parentis" towards animals welfare like a parent has towards the minor children. A court while deciding the ''"
Animal Welfare Board of India The Animal Welfare Board of India (AWBI), headquartered at Ballabhgarh in Haryana state, is a statutory advisory body advising the Government of India's Ministry of Fisheries, Animal Husbandry and Dairying (Department of Animal Husbandry and Dair ...
vs Nagaraja"'' case in 2014 mandated that animals are also entitled to the fundamental right to freedom enshrined in the Article 21 of
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
i.e. right to life, personal liberty and the right to die with dignity (
passive euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different euthanasia laws. The British House of Lords select committee on medical ethics defines euthanasia as "a ...
). In another case, a court in
Uttarakhand Uttarakhand (, ), also known as Uttaranchal ( ; List of renamed places in India, the official name until 2007), is a States and union territories of India, state in North India, northern India. The state is bordered by Himachal Pradesh to the n ...
state mandated that animals have the same rights as humans. In another case of cow-smuggling, the
Punjab and Haryana High Court Punjab and Haryana High Court is the common High Court for the Indian states of Punjab and Haryana and the Union Territory of Chandigarh based in Chandigarh, India. Sanctioned strength of Judges of this High Court is 85 consisting of 64 Pe ...
mandated that ''"entire animal kingdom including avian and aquatic"'' species has a ''"distinct legal persona with corresponding rights, duties, and liabilities of a living person"'' and humans are ''"loco parentis"'' while laying out the norms for animal welfare, veterinary treatment, fodder and shelter, e.g. animal drawn carriages must not have more than four humans, and load carrying animals must not be loaded beyond the specified limits and those limits must be halved when animals have to carry the load up a slope.


Religious deities

In court cases regarding religious entities, the
deity A deity or god is a supernatural being considered to be sacred and worthy of worship due to having authority over some aspect of the universe and/or life. The ''Oxford Dictionary of English'' defines ''deity'' as a God (male deity), god or god ...
(deity or god is a supernatural being considered divine or sacred) is also a ''"legal person"'' who can engage in legal cases through ''"
trustee Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, refers to anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the ...
s"'' or ''" managing board in charge of the temple"''.
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
(SC), while deciding Ayodhya case of
Ram Janmabhoomi Ram Janmabhoomi () is the site that, according to Hindu religious beliefs, is the birthplace of Rama, the seventh avatar of the Hindu deity Vishnu. The Ramayana states that the location of Rama's birthplace is on the banks of the Sarayu rive ...
, decided in 2010 that the deity
Rama Rama (; , , ) is a major deity in Hinduism. He is worshipped as the seventh and one of the most popular avatars of Vishnu. In Rama-centric Hindu traditions, he is considered the Supreme Being. Also considered as the ideal man (''maryāda' ...
in the specific temple was a "legal entity" entitled to be represented by their own lawyer appointed by the trustees acting on behalf of the deity. Similarly, in 2018 SC decided that the deity
Ayyappan Ayyappan, also known as Dharmasastha and Manikandan, is the Hindu deity of truth and righteousness. According to Hindu theology, he is described as the son of Shiva and Mohini (the female avatar of Vishnu), thus representing a bridge between S ...
is a ''"legal person"'' with ''" the right to privacy"'' in the court case regarding the entry of women to Sabarimala shrine of Lord Ayyapan.


=Shebaitship

= Under the Indian law, the ''"shebaitship"'' is the property owned by the deity or idol as a "legal person". Humans appointed to act on behalf of deity are called the ''"shebait"''. A shebait acts as the guardian or custodian of deity to protect the right of deity and fulfill the legal duties of the deity. Shebait is similar to a trustee in case the deity or temple does have a legally registered trust or entity. Under the
Hindu Law Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the na ...
property gifted or offered as rituals or donations, etc absolutely belongs to the deity and not to the shebait. Case example are ''"Profulla Chrone Requitte vs Satya Chorone Requitte, AIR 1979 SC 1682 (1686): (1979) 3 SCC 409: (1979) 3 SCR 431. (ii)"'' and ''"Shambhu Charan Shukla vs Thakur Ladli Radha Chandra Madan Gopalji Maharaj, AIR 1985 SC 905 (909): (1985) 2 SCC 524: (1985) 3 SCR 372"''.shebaitship
, legalcrystal.com.


Natural entities such as rivers

India and New Zealand both recognised the legal rights of rivers in 2017. In court cases regarding natural entities, the
Uttarakhand High Court The Uttarakhand High Court is the High courts of India, High Court of the States and union territories of India, state of Uttarakhand in India. The Uttarakhand High Court was established on 9 November 2000 after the separation of the state of ...
, mandated that the river
Ganges The Ganges ( ; in India: Ganga, ; in Bangladesh: Padma, ). "The Ganges Basin, known in India as the Ganga and in Bangladesh as the Padma, is an international which goes through India, Bangladesh, Nepal and China." is a trans-boundary rive ...
and
Yamuna The Yamuna (; ) is the second-largest tributary river of the Ganges by discharge and the longest tributary in India. Originating from the Yamunotri Glacier at a height of about on the southwestern slopes of Bandarpunch peaks of the Low ...
as well as all water bodies are ''"living entities"'' i.e. ''"legal person"'' and appointed three humans as trustees to protect the rights of rivers against the pollution caused by the humans, e.g. ''"pilgrims's bathing rituals"''. The
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
overturned the decision of the High Court of Uttarakhand in July 2017.


New Zealand

Section 28 of the
New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (sometimes known by the acronym NZBORA or simply BORA) is a statute of the Parliament of New Zealand and part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms ...
provides: "... the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons."


United States

In part based on the principle that legal persons are simply natural persons and their organizations, and in part based on the history of statutory interpretation of the word "person", the US Supreme Court has repeatedly held that certain constitutional rights protect legal persons ( such as corporations and other organizations). ''
Santa Clara County v. Southern Pacific Railroad ''Santa Clara County v. Southern Pacific Railroad Company'', 118 U.S. 394 (1886), is a United States corporate law, corporate law case of the Supreme Court of the United States, United States Supreme Court concerning taxation of railroad propertie ...
'' 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 The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the laws, applies to these corporations. We are all of the opinion that it does." Later opinions interpreted these pre-argument comments as part of the legal decision. As a result, because of the
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
, Congress may not make a law restricting the free speech of a corporation or a political action group or dictating the coverage of a local newspaper, and because of the
Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...
, a state government may not 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. A prominent component of relevant case law is the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
decision ''
Citizens United v. Federal Election Commission ''Citizens United v. Federal Election Commission'', 558 U.S. 310 (2010), is a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States, United States Supreme Court regarding Campaign fin ...
'', which ruled unconstitutional certain restrictions on corporate campaign spending during elections.http://origin.www.supremecourt.gov/docket/08-205.htm


Case law

* In ''U.S. v. The Cooper Corp.'', (1941) the court held that the United States government, as a juristic person, could sue under the
Sherman Act The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce and consequently prohibits unfair monopolies. It was passed by Congress and is named for ...
. Section 7 of the act granted the right to sue only to persons. The corporate defendant, which was accused of illegally conspiring and colluding to raise prices on
tire A tire (North American English) or tyre (Commonwealth English) is a ring-shaped component that surrounds a Rim (wheel), wheel's rim to transfer a vehicle's load from the axle through the wheel to the ground and to provide Traction (engineeri ...
s, argued that the U.S. government did not have power to enforce the act because the government was not a person. The court held that the term "person" includes the U.S. Government, and allowed the action against the collusive corporations to continue. * In ''Cook County v. U.S. ex rel Chandler'', (2003) the county was accused of violating a law which forbids "any person" from falsely obtaining research funds from the government. The county received a $5 million grant, but used it to conduct inappropriate tests on human subjects. The county argued that it could not be held liable because it was not a person. The court held that the county could be sued under the law as a legal person. * In ''Rowland v. California Men's Colony, Unit II Men's Advisory Council'', (1993) the court declined to extend certain rights to legal persons. The association of prisoners sought to proceed ''
in forma pauperis ''In forma pauperis'' (; IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper". It refers to the ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appe ...
''. The court held that the right to sue ''in forma pauperis'' existed only for natural persons, not legal persons. Other significant cases include: * ''
Paul v. Virginia ''Paul v. Virginia'', 75 U.S. (8 Wall.) 168 (1869), is a United States corporate law, U.S. corporate law decision by the United States Supreme Court. It held that a corporation is not a citizen within the meaning of the Privileges and Immunities ...
'' ("... in which the United States Supreme Court held that a corporation is not a citizen...") * '' Netscape Communications Corp. v. Konrad'' for what it means for two entities to be separate


Popular culture

In Act II, Scene 1 of
Gilbert and Sullivan Gilbert and Sullivan refers to the Victorian-era theatrical partnership of the dramatist W. S. Gilbert (1836–1911) and the composer Arthur Sullivan (1842–1900) and to the works they jointly created. The two men collaborated on fourteen com ...
's 1889 opera, ''
The Gondoliers ''The Gondoliers; or, The King of Barataria'' is a Savoy Opera, with music by Arthur Sullivan and libretto by W. S. Gilbert. It premiered at the Savoy Theatre on 7 December 1889 and ran for a very successful 554 performances (at that time t ...
'', Giuseppe Palmieri (who serves, jointly with his brother Marco, as King of Barataria) requests that he and his brother be also recognized individually so that they might each receive individual portions of food as they have "two independent appetites". He is, however, turned down by the Court (made up of fellow Gondolieri) because the joint rule "... is a legal person, and legal person are solemn things."


See also

*
Environmental personhood Environmental personhood or juridic personhood is a legal concept which designates certain environmental entities the status of a legal person. This assigns to these entities, the rights, protections, privileges, responsibilities and legal liabili ...
* European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations *
Institution An institution is a humanly devised structure of rules and norms that shape and constrain social behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions and ...
* Intracorporate Conspiracy Doctrine *
List of United States Supreme Court cases, volume 118 This is a list of cases reported in volume 118 of ''United States Reports'', decided by the Supreme Court of the United States in 1886. Justices of the Supreme Court at the time of volume 118 U.S. The Supreme Court is established by A ...
*
List of legal entity types by country A business entity is an entity that is formed and administered as per corporate law in order to engage in business activities, charitable work, or other activities allowable. Most often, business entities are formed to sell a product or a serv ...
* Political representation of nature *
Separate legal entity In the United States, a separate legal entity (SLE) refers to a type of legal entity with detached accountability. Any company is set up as an SLE to legally separate it from the individual or owner, such as a limited liability company or a corporat ...
* Successor liability


References


Citations


Sources


Books

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Journal articles

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