But it must be born in mind that functional basis of the law cannot be ignored. So there are of two kinds of legal entities, human and non-human: also called physical persons and also called juridic, juristic, artificial, legal, or fictitious persons, : persona ficta , which are other entities such as corporations that are treated in law as if they were persons. A juristic person is a bearer of rights and duties that is not a natural person but which is given legal personality by the law. The legal person is a social collective creation acting as an independent entity in civil legal relations. 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. Until such time as C has accepted the benefits, the agreement only exists between A and B.
The doctrine has been attributed to , who seems at least to have helped spread the idea of persona ficta as it is called in Latin. In many , artificial personality allows that entity to be considered under law separately from its individual members for example in a company limited by shares, its. Link to this page: juristic person The definition of 'person' in the new Act, is aligned to the jurisdiction, in that 'person' is restricted in its meaning to a citizen; a permanent resident; a juristic person registered or incorporated in the Republic; or any foreign citizen who contravenes the provisions of the new Act in the Republic an example would be a foreign person who recruits, trains or finances mercenaries in South Africa. According to this theory, a person is applicable only to human beings, and they are the subjects of rights and duties. Article 92 establishes the punishment; article 93, the principle that a victim of trafficking shall not be punishable for an offence that is the direct result of having been trafficked; and article 94 the punishment for a juristic person committing the crime of trafficking in persons. They view the State as an organ for the creation, interpretation and enforcement of law, and for the protection of all legal rights.
Like the man, the corporation is forgive this compound adjective a right-and-duty-bearing unit. And that is a fact. But the State is more than a legal personality It is a social fact, a historical product, and a political institution The State has unity, but it is not an integrity Its purposes and ends are not its own, but those of its members. The case of the respondents was that the Guru Granth Sahib was only a sacred book of the Sikhs and it would not fall within the scope of juristic person. A juristic person is a legal creation. The former is regulated by contractual principles which do not render the trust itself a contract. It is easier to safeguard the interest of the members through corporation.
There was no accountability for corporate wrongdoing. Moreover, these powers are not fictitious but real. Each of them provides us with a narrow view of the nature of the State, which is, however, a very complex phenomenon. The weakness of this theory lies in the fact that it is unable to indicate when the bracket may be removed and the mask lifted for the purpose of taking note of the members constituting the corporation. Thus these organizations have been better able to resolve the problems facing them in their struggle against capitalist exploitation, and the material basis for defending the democratic rights and freedoms won by the working people has been created. Thus, when a corporation breached a contract or broke a law, there was no remedy, because limited liability protected the owners and the corporation wasn't a legal person subject to the law. But the conception of the real personality of the State, as asserted by some eminent German jurists, is pregnant with pernicious results.
The advocates of the Personality Theory illustrate the real personality, will and rights of the State by referring to fact that it owns property, enters into contracts directs economic enterprises, and can sue or be used in law courts. These persons are known as universitates singular: universitas. Juristic personality, juridical personality, artificial personality and legal entity is the characteristic of a non-living entity regarded by law to have the status of personhood. The theories that are propounded are philosophical, political or analytical. Relations between cooperative or social organizations and enterprises which they have established that are legal persons are based on the same principles.
They were Gierke, Treitschke, Bluntschli, Jellinek and the English jurist, Maitland. The position is, however, not that clear in our law. Salmond defines a juristic person as any subject- matter other than a human being to which the law attributes personality. One of the implications of the trust being a juristic person for the purposes of the Companies Act is that where for instance a trust controls a company by holding its majority shareholding, to declare such trustees who are also directors of the related company to be delinquent or under probation in terms of the Companies Act and to regulate such delinquency as follows: Application to declare director delinquent or under probation 162. Section 7 of the act granted the right to sue only to persons. This capacity begins upon ratification of its charter or by-laws. Another theory that the State is a monistic entity with a will and power of its own, distinct from and existing above the wills of the individuals composing it, is the Juristic or juridical theory of the personality of the State.
Government, and allowed the action against the collusive corporations to continue. There are some who regard the State as the sole and exclusive creator of law while others reject this opinion and maintain that a large body of law in the past was never enacted or created by the State. Honoré is of the view that for the formation of a trust by means of a contract, the founder cannot set up a trust by transferring assets to himself as sole trustee, though he may do so by a transfer in trust to himself and another Honoré 4. The Theory of the State as a Sovereign Juristic Person - Kenneth C. Juridical personhood allows one or more natural persons universitas personarum to act as a single entity body corporate for legal purposes.
Cameron at 6 and 146 takes the view that no unilateral segregation of assets is possible, and a landowner who wishes to transfer his or her land into a trust should do so by agreement with at least one fellow trustee. Ownership and control The ownership, control and management of the trust property and the vesting of it, will depend on the trust structure applicable and the powers given to the trustees. Legal personhood is a prerequisite to , the ability of any legal person to amend enter into, transfer, etc. Traditionally the Law of persons deals with natural persons. Juristic persons are entities other than human beings on which the law bestows legal subjectivity. The question is always whether a given group is pursuing a purpose which conforms with social solidarity. Difference of opinion exists regarding the horizontal application of the Bill of Rights, that is the application of the Bill of Rights to private law relationships.