If a request for a reservation is legally admissible in criminal proceedings, as a pro. According to Austin, the term «person» includes a natural or natural person, including any being who can be considered human. While there is no doubt that the Salomon case played an important role in company law, the decision in this case did not give rise to the principle of a separate legal person. The legal person of beings other than man was recognized long before 1897, when the Solomon case was decided. MacCormick N (2007) Institutions of Law. Ein Essay in der Rechtstheorie. Oxford University Press, Oxford Bilchitz D (2009) Beyond arbitrariness: the legal person and dignity of non-human animals. S Afr J Hum Rights 25:38-72 Corporate realism, on the other hand, saw the company as a separate existence from its shareholders, with its objectives defined by the managers, although this theory failed in the face of the question of the responsibility of management, because it assumed a neutral management. It was only after Adolf Berle and Gardiner Means published The Modern Corporation and Private Property [1] in 1932 that these shortcomings were questioned.
[13] Beaudry J-S (2016) From autonomy to habeas corpus: animal rights activists bring the parameters of legal personality to court. Glob J Anim Law 12:3-35 According to this theory, a legal person is a real personality in the extrajudicial sense and prior to the trial of the term. It also presupposes that the subjects of rights must belong not only to man, but to every being who has his own will and his own life. As such, a company as a legal entity and as «alive» as man is also subject to rights[27]. Legal Entity means a human or non-human entity that is treated as a person for limited legal purposes. Western legal systems share some central doctrinal characteristics with regard to legal personality. First, legal entities are usually transformed into natural entities. Regad C (2019) Genesis of a Lehre: the animal, non-human natural person. dA Derecho Anim – Forum Anim Law Stud 10:201–204 For more information on legal entities, see this article in Yale Law Journal, Wake Forest Law Review, and Penn State Journal of Law and International Affairs. [2] Vijay Sardana, Jurisprudence Theories of Legal Entities( Jan 27,2019, 11:44 PM) lawnotesforstudents.blogspot.com/2017/05/jurisprudence-theories-of-legal.html.
The theory of concession is fundamentally linked to the philosophy of the sovereign nation-state. It is said to have been essentially a product of the rise of the nation-state at a time when there were rivals between religious congregations and organizations of feudal origin for the 000,000 nation-state`s claim to full sovereignty. According to the theory of concession, it is assumed that the State is at the same level as man and that, as such, it may confer or withdraw legal personality to other groups and associations in its area of competence as an attribute of its sovereignty[17]. Therefore, a legal person is only a concession or a creation of the State. The main purpose of the law is to regulate the relationship between individuals in society. The law deals with the regulation of human behavior, the concept of legal personality is an important subject of jurisprudence, because without anyone there can be no rights and obligations. In this article, we will address the subject of legal personality in case law, and what is the origin of legal personality?, meaning of the person and its nature, who is a legal person?, who is a natural person?, who is a legal person?, who is a legal person?, who is a legal person?, etc. The concept of legal personality for organizations of persons is at least as old as ancient Rome: a variety of collegiate institutions enjoyed the advantage in Roman law. From the discussion of jurisprudential theories of corporate personality, we observe that the main arguments lie between fiction and realist theory. The theory of fiction claimed that the entity of society as a legal entity is only fictitious and exists only with the intention of the law. On the other hand, the entity of the company as a legal entity is not artificial or fictitious from a realistic point of view, but real and natural. The realist also argued that the law simply has the power to recognize or refuse to recognize a legal entity, but the law does not have the power to create an entity.
According to Gray, a person is an entity to which rights and obligations can be assigned. The terms «person» and «personality» have a historical development. Roman law, Greek law and Hindu law also used the concept. In Roman law, the term had a special meaning, and it was synonymous with «caput» meaning status. Thus, a slave had an imperfect personality. In a later period, it was designated as a being or entity capable of maintaining legal rights and obligations. In ancient Roman society, there was no personality problem, since the «family» was the basic unit of society and not the individual. The family consisted of a number of individuals, but all forces were concentrated with «pater familias», the head of the family. If a head of household dies and there is an interval between his death and the transfer of property to the heir who accepted the inheritance, the property is transferred to a person during the period.
This was called hereditas jacens, which was developed by the Romans. Hereditas jacens is considered by some researchers to be similar to legal personality. Hereditas jacens refers to inheritance in the period between the death of the ancestor and the acceptance of the inheritance by the heir.