Legal Personality: An analysis

2.2 Jurisprudence

Submitted by

Ishan Kumar Jha

UID: UG2020-11

Academic Year (2020-21)

First Year, Semester II

Submitted to

Ms. Debashree Debnath

(Assistant Professor of Jurisprudence)

APRIL 2021

Maharashtra National Law University, Nagpur

 TABLE OF CONTENTS

Introduction………………………………………………………………………………1
Aim………………………………………………………………………………………3
Research Objectives……………………………………………………………………...3
Research Methodology…………………………………………………………………...3
Research Questions………………………………………………………………………3.
1)Kinds of Persons……………………………………………………………………….4
1.1) Natural Persons……………………………………………………………...4
1.1.1) Legal Personality of Animals……………………………………...5
1.1.2) Status and Capacity………………………………………………..6
1.2) Legal Persons………………………………………………………………..6
2) Evolution of the concept of Corporate Personality……………………………………8
2.1) Juristic Persons of various types…………………………………………….8
2.1.1) Corporate Sole…………………………………………………….8
2.1.2) Corporate aggregate……………………………………………….9
2.2) Concept of Legal personality in India……………………………………….9
2.3) Problems of Corporate Personality………………………………………….10
3) Liability of Corporation……………………………………………………………….11
3.1) In Contracts………………………………………………………………….11
3.2) In Torts………………………………………………………………………11
3.3) In Criminal Acts…………………………………………………………….11
Conclusion………………………………………………………………………………..13
Bibliography…………………………………………………………………………….,xiv

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INTRODUCTION

In philosophic terms, personality refers to a human being's logical substratum. In law, it refers to
a unit that has both rights and responsibilities. Humanity should be separated from personality.
Only natural human beings are considered human, but personality has a technical meaning that
encompasses inanimate objects as well. As a result, personality extends beyond humanity.
Humanity and personality often overlap, and sometimes they do not. An idol or a company, for
example, are legitimate bodies that are not human beings. As a result, in practice, legal
personality necessitates the answer to two questions. The first question is who law recognizes as
individuals, and what beliefs or ideas underpin that recognition. The second issue concerns the
scope of these (legal) persons' rights and duties. The term "natural person" refers to a human
being. Beings and objects that are legally recognized as individuals are referred to as legal
persons. As a result, a 'legal person' encompasses something that is handled in the same manner
as humans for legal purposes. In ancient times, people labeled as "outlaws" were not considered
individuals in the eyes of the law, and therefore killing them was not considered homicide.
Persons with such physical disabilities were deemed ineligible to inherit property under ancient
Hindu law. (People who are impotent, outcasts, blind or deaf, as well as insane people, fools, the
stupid, and others who have lost a sense or a limb.) Infants and lunatics have a limited legal
personality. Human beings are endowed with legal personality from the moment they are born
until the moment they die.1

When an infant is born alive, he is called a human in the light of the constitution. A infant in the
womb is called alive in Hindu law, and if born alive, he inherits the estate. If there is a partition
among the co-parceners, a share must be set aside for him. If the share is not reserved, the
partition will reopen, and the new born boy will earn the same share as if he were born before the
partition. If a woman is sentenced to death while pregnant, her execution is postponed until the
baby is born. Abortion and the killing of children are both against the law. Murder is only
committed when an infant is born fully alive. Lord Campbell's Act in England has determined
that a posthumous infant is entitled to justice for his father's death. Certain rights, which are
normally defined at birth and expire upon death, are preserved after death. However, the statute
respects and preserves the deceased's wishes and interests in some situations. In this regard, there
are three rights, namely, those concerning the deceased.
1
Bryant Smith, “Legal Personality”, YALE LAW JOURNAL, Vol. 37 No.3 1928, pp. 283-299.
Any subject-matter other than a human being that is endowed with personality by statute is
referred to as a legal person. An person, a set of land, an organisation, a community of
individuals, and so on are all involved. They are treated by the statute in the same way as real
beings are, as right- and duty-bearing units or bodies. Although personification is required for
legal identity, a personification in common speech does not mean that legal personality has been
granted. A bench (of judges) or a cabinet (of ministers) are referred to as persons, but they do not
have legal personality Legal personality is defined when the statute recognizes a particular entity
distinct from a group of people or an object that, while reflecting the group of people or the
thing, is distinct from them. There is a significant distinction between the individuals that make
up an organization (corporation) and the group or corporation as a legal entity. A business may
go bankrupt, but its owners will have their millions.2

Personality is a broad and subjective term that can be seen in a variety of ways. It's derived from
the Greek word "persona." The (Greek) actor's persona was the disguise in which his voice had
to be heard. Later on, it was adopted by those who could be involved in the courtroom drama,
including those with rights and obligations. However, it did not remain that way for long, and it
began to be used in other ways. In philosophic terminology, personality corresponds to the
logical substratum of a human being. It applies to a legal entity with all rights and obligations.
Personality and humanity should be divided. While the term "humanity" applies only to natural
human beings, the term "identity" has a technical meaning that includes inanimate objects. As a
consequence, individuality is no longer limited to humans. Humanity and identity always differ,
but not always. Slaves, for example, are human beings that are not people in the eyes of the law
(in early times). A legal being that is not a human being, such as an idol or an organization,
exists in the same way. As a result, in practice, legal personality necessitates the consideration of
two topics. The first question is who law acknowledges as humans, and what beliefs or ideas
underpin that recognition. The second question is what the scope of these (legal) persons' rights
and duties are.

AIMS

2
W.M Geldart, “Legal Personality”, LAW QUARTERLY REVIEW, Vol. 27 No. 1 1911, pp. 90-108.

2
The aim of the paper is to analyse the concept of “Legal personality” and discuss about the kinds
of it including Natural Persons and Legal persons and further elaborate on corporate personality
and dealing with its types. The paper tries to find the link between legal personality and Indian
law by using case laws of India as well as common law cases.

RESEARCH OBJECTIVES

1) To study about the theory and definition of Legal Personality.

2) To elaborate on the kinds of persons in Legal Personality.
3) To analyse in depth about Corporate personality and its types.
4) To use common law cases and India cases to elaborate on Legal Personality.

RESEARCH METHODOLOGY

To study this paper the research method used is doctrinal, which is based on facts and studies
from different sources provided on the online database. The paper uses secondary sources such
as journals, books and other free articles accessible over the web and e-library. The exploration
strategy incorporates serious writing audit of the subject, basic assessment of all the sources and
examination through the same.

RESEARCH QUESTIONS

 How can we define Legal Personality?

 What are the Kinds or types of persons in Legal Personality?
 What is Corporate Personality and how can its types be analysed?
 What are the case laws that can be used to analyse Legal Personality?

1) Kinds of Persons

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 1.1) Natural persons

Legal persons are not all human beings. In the past, slaves were not considered legal persons.
They were used as chattel by their masters. For various purposes, a person who takes religious or
holy orders is called civilly dead in some cultures. When a person becomes an ascetic (sanyasi)
in Hindu culture, for example, his proprietary rights are extinguished and his property passes to
his heirs as if he were dead. Those born blind or deaf, as well as madmen, idiots, the ignorant,
and others who have lost a sense or limb, are all refused a share of the heritage, according to
Manu. The legal personality of infants and lunatics is minimal. They are deprived certain basic
rights, such as the freedom to vote. They are also immune from criminal charges under certain
circumstances (Indian Penal Code 1860, Section 82 to 84). With a few exceptions, legal
personality is granted to all human beings in modern times. Human beings are endowed with
lawful personality from the moment they are born to the moment they die.

Personality starts at birth: The constitution recognizes a child as a person when he is born alive.
The rule nasciturus pro im nato habetur applies for particular purposes. A percentage of the
estate must be set aside for the boy if the co-partners split (while he is still in the womb). If the
share is not reserved, the partition will reopen, and the new born boy will be assigned the same
share as if he had been born before the partition. In addition to these privileges, he is thought to
be deserving of personal liberty. If a pregnant woman is sentenced to death, her execution is
delayed until after the baby is born (The Code Of Criminal Procedure, 1973, Section 416).
Abortion and the killing of children are both prohibited. And does killing a child under English
law mean homicide because the child is fully born alive? If the injuries are inflicted when the
child is still in the womb, but he is born alive and dies as a result of the injuries, the offence is
the same (murder). In India, the rules are different. The death of a fetus in the mother's womb is
not considered suicide. Even if the infant has not breathed, causing the death of a live child may
cause culpable homicide if some part of that child has been brought forth or been fully born.3

Suicide does not include the death of a child in the mother's womb. Causing the death of a live
infant, on the other hand, can be considered culpable homicide if some part of the child is taken
forth, even if the child has not yet breathed or been entirely conceived. Homicide is described by
Section 299 of the Indian Penal Code as any part of the child's body emerging from the mother's
3
Marcela Kovacova, "Legal Personality”, Pravny Obzor: Teoreticky Casopis Pre Otazky Statu a Prava, vol. 97, no.
1, 2014, pp. 106-109.

4
body, causing any injury to the child, and resulting in the child's death. The law is often vague
when it comes to an unborn child's right to sue over torts. Under Lord Campbell's Act in
England, it was agreed that a posthumous child is entitled to justice for his father's death. Certain
rights are preserved after death: Personality ends with death. Rights are normally produced at
birth and expire at death. However, the statute respects and preserves the deceased's wishes and
needs in some situations. These privileges include i) the body of the dead, ii) his reputation, and
iii) his estate. Trespassing on a cemetery is a crime under the constitution, which requires that all
deceased people are appropriately buried. The act provides for the creation of trusts for worship
at the graves of the dead, and it enforces such trusts in certain societies. The dignity of the
deceased is preserved by law in such cases. Libel to the dead is not an offence under the eyes of
the law, according to the maxim De mo tius nil nisi bonum (the dead have no rights and can
suffer no wrong); but, if the publication of a defamatory matter involving the deceased creates
scandal on his relatives (on living persons) and provokes a breach of peace, it is a misdemeanor
in English law. Related clauses exist in Indian law. Imputing something to a deceased person
could amount to defamation if the imputation would damage that person's image if that person
were alive and is meant to hurt the feelings of the family (Section 499 of the Indian Penal Code
of 1860). The law respects the interests of the dead person's parents, and his estate passes
according to his will, if he left one. The basic theory holds that identity begins at birth and ends
at death, based on these assumptions at death.4

1.1.1) Legal Personality of Animals

Animals should not have a legal personality. Animals are not considered individuals in the eyes
of the state, and therefore are not entitled to human rights and duties. Animals were regarded as
humans in ancient times for such reasons. Animals and trees were prosecuted in ancient Greek
trials for their wrongdoings. Keeton provides some examples of this in his novel. In Germany, a
cock was imprisoned and accused of crowing incessantly; the bird's counsel was unable to argue
the bird's innocence, so the bird was put to death. In ancient Indian mythology, animals were
sued in court, and there are several examples of this. Animal cruelty (as specified by various
statutes) is illegal in India, but as previously said, this liability is not owed to animals; rather, it is

4
"Moral Personality and Legal Personality ." JOURNAL OF THE SOCIETY OF COMPARITIVE LEGISLATION,
vol. 6, no. 2 1905, pp. 192-200.

5
owed to humanity or the state. A trust for the benefit of animals can be lawfully established in
our country (Jamanabai v. Khimji5 And Lalla Pd. v. Brahmanand6).7

1.1.2) Status and Capacity

Status, according to Austin, is a set of rights and responsibilities, capacities and limitations that
affect a certain group of people. According to Dr.Allen, status is “the fact or condition of
membership in an association whose powers are decided extrinsically by statute, status affecting
not just one individual relationship, but being a condition concerning broadly, although to
differing degrees, a member's claims and power." In a nutshell, classification is a situation that
arises as a result of membership in a community or organization that has an impact on the
privileges and responsibilities of those that belong to it. In other words, status denotes the
privileges and responsibilities that an individual possesses as a result of his membership of a
certain class or community. Minority, marriage, office and profession, and other considerations
all play a role in the establishment of a status.

Capacity refers to a person's rights and powers as a result of his status in life. A individual may
have a wide range of abilities. When a person is a judge, he has both the capacity to judge and
the capacity to be a citizen. However, having a dual potential does not imply having a dual
personality. He has only one legitimate personality. As a consequence, an individual acting in
one capacity cannot enter into a contract with himself acting in another capacity. About the same
way, whether a creditor was the executor of his debtor's estate, he would not sue himself. The
borrower was then granted a right of retainer, which alleviated the suffering. A host of other
aspects of the legislation have since been relaxed.

1.2) Legal Person

A legal person, according to Salmond, is any subject matter other than a human being who has
been granted personality by a statute. It necessitates the existence of an individual, a set of land,
an agency, a group of citizens, and so forth. They are handled in the same way as natural people
are treated by the law as right- and duty-bearing entities or organizations. They are viewed as

5
Khimji Vasanji vs Narsi Dhanji (1915) 17 BOMLR 225.
6
Lalta Prasad vs Brahmanand And Ors. AIR 1953 All 449.
7
Mohd Aqib Aslam, LEGAL PERSONALITY IN THE LIGHT OF JURISPRUDENCE,
http://www.legalserviceindia.com/legal/article-1904-legal-personality-in-the-light-of-jurisprudence.html (Visited
on April 19, 2021).

6
individuals as a result of a legal fiction. In making legal entities, the statute personifies an actual
thing or event and then bestows a fictional identity on it. The first is known as the corpus, while
the latter is known as the animus of the legal personality. While personification is required for
legal personality, the use of a personification in common speech does not mean that legal
personality has been granted. A bench (of judges) or a cabinet (of ministers) are referred to as
persons, but they do not have legal personality.

Even if the law represents the collective of individuals or the object, legal personality is
accomplished where the statute recognizes a specific entity distinct from the class of individuals
or the thing. There is a distinction to be made between the individuals that make up an
organization and the association or corporation as a legal person. Although a corporation (a legal
entity) can go bankrupt, its investors can keep their millions. According to the Supreme Court, a
legal person is some thing rather than a human being to whom the statute ascribes personality
and said that in the case of “Som Prakash Rekhi v. Union of India 8” that “corporate personality
is a fact, not an invention or fictional legal creation. A legal entity is any subject matter other
than a human being upon whom the law bestows personality. Corporations are one kind of legal
entity created under the statute and endowed with a number of characteristics in order to
accomplish a certain legal goal”.9

As a result, it is well established and validated by authority on jurisprudence and courts of

different countries that the evolution of a fictitious identity into a juristic being was unavoidable
for a greater thrust of socio-political-scientific advancement. A juristic person, like any other
natural person, is endowed with legal rights and responsibilities and is treated in compliance with
the constitution. In other words, the individual behaves as though it were a normal citizen, but
only by a chosen person, whose actions are governed by the statute in “Shiromani Gurudwara
Prabandak Committee v. Som Nath Das10”

2) Evolution of the concept of Corporate Personality

Pater familias; the concept of legal personality can be traced back to Roman and ancient Hindu
law. Since ancient Roman society was underdeveloped and its organization was easy, the issue of

8
Som Prakash Rekhi vs Union Of India & Anr 1981 AIR 212, 1981 SCR (2) 111.
9
Professor Maitland, “Moral Personality and Legal Personality”, JOURNAL OF THE SOCIETY OF
COMPARITIVE LEGISLATION, Vol. 6 No.2 1905, pp. 192-200.
10
Shriomani Gurudwara Prabandhak ... vs Shri Som Nath Dass & Ors AIR 1936 PC 93.

7
legal identity did not bother them much. Fiscus, collegia, and so forth. Many people believe that
the hereditas jacens in Roman law bears any similarity to legal personality. It is debatable
whether he was a legitimate citizen or not.11

2.1) Juristic Persons of Various Types

2.1.1) Corporation Sole

The term "corporation sole" refers to a "incorporated series or successive persons." The concept
of corporation sole seems to have arisen by accident and at a late date. It was established to
resolve the question of the devolution of land owned by ecclesiastics in the exercise of their
ecclesiastical office. The same idea was later applied to several government positions. In certain
circumstances, this was achieved by the use of special rules. In England, The King is a well-
known example of a corporation sole. He is, according to common law. There is a distinction
between the King as an individual and the King as the head of state. He is corporation sole in the
latter capacity. The phrases "The King never dies" and "The Kind is dead, long live the King" are
based on the King's status as the sole corporation. The distinction between the King's two
capabilities is drawn in the Crown Proceedings Act, 1947, Section 40. Common wealth has
produced another peculiarity in the King's personality. It means that the Crown is viewed as a
unity or mixture of several characters, each representing a different aspect of the
Commonwealth, for certain purposes. (except the countries which are republics).12

2.1.2) Corporation Aggregate

Corporate aggregate implies a group of co-existing individuals and which is integrated. The rule
bestows personality upon groups. While having organizational traits, they lacked legal
personality. Even at the time of Bracton, jurists had not considered the definition of corporate
personality. The concept of incorporation was born in the sixteenth century, and it grew quickly.
By the time of Coke, it has been established that businesses could not exist on their own. As a
result, there must be some legal authority for their inclusion in any case. During and after that
11
Ruchika Jha, THEORIES OF CORPORATE PERSONALITY, http://lawtimesjournal.in/theories-of-corporate-
personality/ (Visited on April 19, 2021).
12
Catherine Brolmann and Janne Nijman, “Legal personality as a fundamental concept for international law”
AMSTERDAM CENTRE FOR INTERNATIONAL LAW, Vol. 43 No.1 2016, pp. 123-134.

8
time, a huge number of companies were made in England. These firms played a significant role
in the British Empire's growth. In the 19th century, business and manufacturing again grew
stunningly, and companies grew and grew. In 1862 the first company law was authorized. Any
corporate or unincorporated body of individuals shall include the term as people, unless the
opposite intention seems to be present.13

2.2) Concept of Legal personality in India

In ancient India, similar to Roman law, it was neither well understood nor necessary to
understand the definition of legal personality. The Hindu coparcenary system can be more or less
regarded as a business. In this capacity, the head or the karta of the family operated in a
representative capacity. There were also several types of organisations of which some of its
representatives were symbolic. However, in the current sense of the word, they cannot be called
legal persons. Corporations: But some kind of company was recognized in the ancient Hindu
system. 14

Idol was regarded as a legal person. it held an estate. It could be investigated and sued. The
essence of a legal person was indeed a fund devoted to a religious purpose. It has a certain right
which has been protected by statute, such as computational property. The legal personality status
in contemporary times is briefly taken into account.

The state is a legal entity. It has the ability to sue and be sued. The Indian Constitution, in Article
300, states: “The Government of India may sue or be sued by the name of the Union of India and
the Government of State may sue or be sued by the name of the State ..... In Civil Procedure
Code, 1908, provision has been made for making parties n suits by and against the State.”

An idol can own property as a juristic person (“Pramatha Nath v. Pradyumn” 15). It is, however,
considered a minor, and Pujari or another individual serves as its guardian.. In “Gurudwara
Prabandhak Committee v. Somnath Das 16”, the Supreme Court holding Guru Sahib to be a
juristic person, citing the historical context and sanctity of Guru Sahib. It was stated that the last
living Guru, Guru Gobind Singh, stated unequivocally that there will no longer be any living
13
Francisco Cardozo Oliveira , et al. "The Declaration of Legal Personality." LAW JOURNAL OF SOCIAL AND
LABOR RELATIONS, Vol. 5, No. 3 2019, pp. 40-58.
14
Ibid.
15
Pramatha Nath Mullick vs Pradyumna Kumar Mullick (1925) 27 BOMLR 1064.
16
Gurudwara Prabandhak Committee v. Somnath Das AIR 1936 PC 93.

9
Gurus. The vibrating Guru will be the Guru Granth Sahib. He announced that from now on, all of
your advice and answers will come from your Guru. It is worshiped as if it were a living Guru of
this religion. When this confidence and belief is built in every gurudwara, it transforms it into a
holy place of worshipCompanies, unions, and clubs are examples of legal persons, as are a
number of other categories of groups. They are often expressly recognized by a number of rules.
A living individual, for example, is defined as a corporation, association, or group of people,
whether incorporated or not, according to Section 5 of the Transfer of Property Act of 1882 or
not. 17

2.3) Problems of Corporate Personality

In statute, a company is independent and distinct from the individuals that comprise it. A
shareholder of a firm has the moral right to enter into a contract with the corporation. The
corporation will fail, but the shareholders will keep their millions. Only by comparing a business
to an unincorporated firm can we understand its true position. A organization can only have one
member, while a company can only have one partner. This special status of the company is that
an enterprise is a legal body and therefore is separate and independent of its owners, while the
unincorporated organisation, as such, is not a legal entity and has no such benefits. In Solomon v,
it was created. He may claim a bondholder's preferential rights against the company itself, to the
detriment of legal lenders. It was also decided in (“Farrar v Farrar Ltd” 18). A selling by a person
to a corporation of which he is a member is not the same as a sale by a person of himself in form
or essence; the idea is that the business body is distinct from the persons who make up its
membership. A selling by a business owner to the corporation itself is legal in any sense, both in
terms of equality and in terms of legislation. The People's Pleasure Park Corporation is a theme
park operator. The same idea was introduced by Rohleder (Rohleder): (People's Pleasure Part
Co.) in a major American scenario. In this case, the question was whether a racial covenant
stating that land title should never transfer to a colored person stopped the change to a
corporation whose owners were all black. Since, as described in In re Europe, an organization is
distinct from its owners, the transfer to the company was considered to be lawful.

3) Liability of Corporation

3.1) In contracts
17
Supra n. 10.
18
Farrar v Farrars Ltd (1888) 40 ChD 395.

10
Two factors are critical when entering into a deal: the structure of the contract and the ability of
the parties. This is the general law, with a few variations. If the parties are natural entities or
organizations, the contract's arrangement is the same in all cases. In England, it is the basis of
creation of the firm that determines the ability of an organization to contract. A company which
consists of a Royal Charter may bind and deal with its assets in a common law manner similar to
that of a real person. The right to conclude a contract in a company established by legislation
shall be subject to the provisions of the legislation. Jurists have criticized such a restriction on a
corporation's ability to contract. As a result, the power of a company to enter into a contract is
determined by the law.

3.2) In Torts

The problem exists when assessing responsibility for ultra vires actions. Strictly interpreted by
the law of England, if a tram operator is not authorized to run busses, all the bus drivers used will
not be legal servants of the company, and thus the company will not be liable for any damages .
Such offenses are divided into two categories (ultra vires acts): those performed under the
express control of the company and those performed without it as well as actions committed
without permission. The company is not responsible for actions performed outside the
corporation's authorization. There is disagreement about responsibility for actions performed
under the jurisdiction of the company.19

3.3) In Criminal Acts

Previously, it was believed that a company should not be held responsible for a felony. There are
both analytical and procedural problems. What is mens rea attributed to a corporate entity, and
how is it punished? Were these the issues that made it impossible to keep a company accountable
for unlawful acts? Procedural problems in England have been eliminated by legislation, and
theoretical difficulties have been resolved in part by statutes and in part by court rulings on the
subject. Specific rules were laid down in India, including in the case of criminal offenses for
corporate offenses, as in "Section 140 of the Customs Act," concerning corporate offenses, and
in the case of corporate law, as in the Supreme Court's submission that a complainant has to be a
physically enabling corporate person. This corollary is that a natural being, even when filed on
behalf of an incorporeal being (such as a company or corporation), must take this legal entity to

19
Supra n. 1.

11
court and that natural person is deemed, for all practical reasons, to be the complainant . That is,
if a body of company is the claimant in the de jure, it must necessarily include the individual as
the de facto plaintiff, representing the former in legal proceedings of “Associated Cement Co.
Ltd. V. Keshwan”20

CONCLUSION

In practice, the juridical person distinguishes itself by being recognized as having legal
personhood, which entitles it to certain privileges and binds it to certain obligations. As such, a
legal entity's actions reflect its will. In addition to recognizing the claimant of rights and
responsibilities, legal personhood ensures that the corporate entity's activities have legal
consequences. Since presenting evidence in favor of this analysis, we should conclude that the
subject of this research is not a physical individual. As a result, it can be extended to juridical
beings, which are fictitious in the physical world but rather real in the legal world. Thus, in law,
20
The Associated Cement Co. Ltd vs Keshvanand (1998) 1 SCC 68.

12
personality is a broader concept. It is distinct from humanity. Being born as a human being is
referred to as humanity. Personality, on the other hand, is a term in which an individual has
rights and duties based on the fact that it exists. A nonhuman being may be considered a
legitimate being for the purposes of the law, such as an idol installed in a temple. On the other
hand, a human being can not be considered a legal person at times, such as slaves in ancient
times that were regarded as mere chattels of their owners and not as persons. The definition of
legal personality is fundamentally linked to the idea that certain Lights and obligations are
applied to them, as well as certain Immunities and obligations. As a result, there is a significant
distinction between an individual and a legal person, whereas a human is the existence provided
by nature, while a legal person is a fiction produced by an act of legislation. The inference is that
all of the laws of liability that apply to individual citizens in ordinary circumstances often also
apply to corporations. As a result, the legal entity may be described as follows: A juridical
person is an abstract topic formed by statute and endowed with free will, rights, responsibilities,
and legal personhood, which provide it with a distinct identity within legal relationships and
enable it to generate economic, financial, and commercial obligations. Personhood is the
individualization of a legal body in a factual case in which it is overseen by a legal regulation
that enables one to differentiate it from all persons in business law relationships within the field
of law in which the matter unfolds.

13
BIBLIOGRAPHY

BOOKS

 Vidya Dhar Mahajan, PRINCIPLES OF JURISPRUDENCE AND LEGAL THEORY, 1 st

ed. 1980.

JOURNALS

 Bryant Smith, “Legal Personality”, YALE LAW JOURNAL, Vol. 37 No.3 1928.
 W.M Geldart, “Legal Personality”, LAW QUARTERLY REVIEW, Vol. 27 No. 1 1911.
 Marcela Kovacova, "Legal Personality”, Pravny Obzor: Teoreticky Casopis Pre Otazky
Statu a Prava, vol. 97, no. 1, 2014.
 Moral Personality and Legal Personality ." JOURNAL OF THE SOCIETY OF
COMPARITIVE LEGISLATION, vol. 6, no. 2 1905.
 Professor Maitland, “Moral Personality and Legal Personality”, JOURNAL OF THE
SOCIETY OF COMPARITIVE LEGISLATION, Vol. 6 No.2 1905.
 Catherine Brolmann and Janne Nijman, “Legal personality as a fundamental concept for
international law” AMSTERDAM CENTRE FOR INTERNATIONAL LAW, Vol. 43
No.1 2016.
 Francisco Cardozo Oliveira , et al. "The Declaration of Legal Personality." LAW
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