Legal personality is the recognition of being considered a person under the law, applicable to both individuals and artificial entities such as corporations. This status grants certain powers and abilities to these entities, similar to those given to individuals. In parliamentary law, it is not permitted to refer to a member by name or in a personal manner, as it is deemed inappropriate and contrary to the rules.
Legal personality refers to the recognition by the law of an individual or an artificial entity, like a corporation, as a person with legal status. It is the legal concept that treats a human being or an artificial entity as a person. For instance, a corporation is considered an artificial entity with legal personality. This implies that the law acknowledges the corporation as a distinct legal entity separate from its owners or shareholders. The corporation has the ability to enter into contracts, initiate legal proceedings, be subject to legal action, and own property in its own name. This example demonstrates the definition of legal personality by illustrating how an artificial entity, such as a corporation, is recognized by the law as a person with legal rights and responsibilities. Consequently, the corporation can partake in legal activities and be held liable for its actions, similar to a natural person.
Legal personality refers to the recognition of an entity, such as a person or an organisation, as having legal rights and obligations. It allows the entity to enter into contracts, sue or be sued, and engage in legal transactions.
Typically, natural persons (individuals) have legal personality. However, certain entities such as corporations, partnerships, and non-profit organisations can also be recognized as having legal personality.
Legal personality is acquired through various means, depending on the jurisdiction. For natural persons, it is automatically acquired at birth. For entities like corporations, legal personality is obtained through registration with the appropriate government authority.
In some cases, legal personality can be revoked or terminated. For example, a corporation may be dissolved if it fails to comply with legal requirements or if it is involved in illegal activities. However, the process and grounds for revocation or termination vary depending on the jurisdiction.
Legal personality cannot be transferred or assigned from one entity to another. However, certain rights and obligations of an entity can be transferred or assigned through legal mechanisms such as mergers, acquisitions, or asset transfers.
No, an individual cannot have multiple legal personalities. Each natural person is recognized as having a single legal personality.
Legal personality is primarily recognized within the jurisdiction where it is granted. However, certain international agreements and conventions may provide for the recognition of legal personality across borders, particularly for entities like multinational corporations.
Legal personality can provide a degree of protection to individuals associated with an entity, such as shareholders of a corporation. However, there are circumstances where the concept of “piercing the corporate veil” allows courts to hold individuals personally liable for the actions or debts of the entity.
Legal personality can be challenged or disputed in certain situations. For example, if it is alleged that an entity was fraudulently created or is being used for illegal purposes, a court may be asked to disregard its legal personality and hold the individuals behind it personally liable.
The recognition of legal personality for non-human entities, such as animals or natural resources, is a topic of ongoing debate. While some jurisdictions have granted limited legal rights to certain non-human entities, the concept of legal personality for non-humans is not widely recognized.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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