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No Natural or Legal Person

No Natural or Legal Person

According to Indian law, “shebaitship” is the property belonging to the deity or idol as a “legal person”. People who are destined to act in the name of divinity are called “shebait”. A shebait acts as guardian or guardian of the deity to protect the right of the deity and fulfill the legal duties of the deity. Shebait is similar to a trustee if the deity or temple has a legally registered trust or legal entity. According to Hindu law, goods given or offered as rituals or gifts, etc. absolutely belong to the deity and not to the shebait. The case studies 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”. [24] This contradicts the principle contained in Article 2 of the Mexican Companies Law, according to which legal personality is recognized for both regular and irregular entities, provided that the latter type is necessary to assert itself as a company vis-à-vis third parties. A natural person is legally defined as a living human being. This definition aims to distinguish a natural person from a legal person, which is a group of people who act in a unitary society, often commercial, but who are legally considered to act as a single fictitious or virtual person.

Legal persons are also referred to as legal and legal persons. Companies, trusts, partnerships and similar entities are considered legal persons. The distinction between natural and legal persons is found in most legal systems. For Carnelutti10, legal persons include both natural persons (natural persons) and collective persons. Both types share a point of convergence between economic and legal elements; However, the latter is characterized by the fact that it consists of several individuals (not just one) united by a common interest. It is not true that corporations are considered legal persons. It`s about seeing people as businesses. We are all natural people who have been brainwashed into believing that we need driver`s licenses or other documents. In lawsuits involving religious entities, the deity (the deity or god is a supernatural being considered divine or holy) is also a “legal person” that can participate in a dispute through a “trustee” or “temple administrative authority.” The Supreme Court of India (SC) ruled in 2010, ruling on Ram Janmabhoomi`s Ayodhya case, that the Rama deity in the respective temple was a “legal person” entitled to be represented by its own lawyer appointed by the directors acting on behalf of the deity. Similarly, the Supreme Court ruled in 2018 that the Ayyappan deity was a “legal person” with a “right to privacy” in the court case concerning the entry of women into Lord Ayyapan`s Sabarimala shrine.

[22] A natural person has all civil rights. A person considered insolvent is death in relation to his civil rights. But in many places, it is still unclear whether an unborn child is a natural person. In India, laws such as the Transfer of Property Act of 1882, the Religious Succession Act, the Indian Succession Act of 1925, etc. deal with the property rights of the unborn child. This gives the fetus living in the womb an image of a physical person. Brazilian law recognizes any association or abstract entity as a legal entity, but a registry is required by a constitutional document, with specifications that depend on the category of legal entity and the local law of the state and city. For Kelsen, natural and legal persons are subject to rights and obligations. In general, only human beings can be considered natural persons, as they can acquire rights and fulfill (or violate) duties through their behavior.

Natural and legal persons have acts that are understood as legal obligations and subjective rights that make up this entity. The collective legal person arises when the economic and legal elements of the legal relationship coincide, thus creating the basis of the collective interest. The Commercial Code48 does not contain a definition of personality, but nevertheless explains its meaning by requiring judges to examine the personality of each party. They even offer litigants that a litigant can challenge the personality of the opposing party if it turns out that the plaintiff or defendant has no legal requirement. A deceased person or an unborn child is generally not considered a natural person (although there are exceptions mentioned above), whereas there is no such difference in the consideration of a natural person. A natural person cannot live endlessly. Death is final, although unpredictable, whereas a legal person can live as long as it exists. The death of a legal person (e.g. a company) is determined by natural persons. The death of such an existence is sometimes predictable. The legal capacity of natural persons and their differences. This is based, on the one hand, on the legal capacity of natural persons, which is defined in the statutes of the association.

On the other hand, it includes the study of facilities intended to compensate for the deficiencies of natural persons. A natural person is a human being, while a legal person is not. A natural person lives on earth with blood and flesh as a human being, but a legal person is someone who is able to perform duties with certain guaranteed rights. A legal entity is not real. Rights such as the right to vote in general elections and the right to marry belong exclusively to natural persons and are not available to legal persons. A natural person may act autonomously, but a legal person may act on behalf of one or more natural persons. The market classification of the legal person and the company by the Commercial Code results from their legal status, as in the Federal Labour Code, which classifies employees as natural persons who provide personal services and are subordinate to another person (natural or legal) who pays them a salary. A natural or legal person is called a legal person if he has the right to take legal action or to be sued. A legal entity can be a state, a company, a union, an idol, etc.

The law personifies and does something as a person. They are called corporations because the purpose of their personification is to facilitate the process of administering justice. The law confers the capacity to become a person for the purposes of litigation before the courts. The law then treats them as debtors of obligations. You may also be able to get certain rights. Traders can legally be classified as natural or legal persons.1 The first group refers to persons who are inherently capable of entering into obligations and exercising rights. The second group includes corporations, often referred to as corporations2, corporations3 or corporations. In this document, the term “entity” is often used to refer to this second group. In lawsuits involving corporations, shareholders are not liable for the company`s debts, but the company itself, as a “legal entity”, is obliged to repay those debts or be sued for non-repayment of debts. [22] I never thought that companies could technically be described as “legal persons”, considered almost as a single entity.

This seems a bit too futuristic for companies, although I think I can see the reason for some sort of “person” legal form that you can refer to in legal and other cases with large companies. In fictional theory, the legal person or company is an exception to the rule that only natural persons can exercise rights and obligations. This exception is facilitated by a legal fiction that recognizes the artificial capacity of a fictitious entity to own or possess property. Savigny defines a legal person as an object of property created artificially37 and that this entity develops its capacity or legal personality only through ownership. Ownership is the means to achieve the purposes for which the legal entity was created. Personality is the individualization of the legal person by a real situation in which it is framed by a rule of law that distinguishes it from other entities in economic relations in the field of law in which the matter takes place. Indian law defines two types of “legal entities”, human beings as well as certain non-human entities that have the same legal personality as human beings. Non-human entities that are legally designated as “corporations” “have ancillary rights and obligations; They can sue and be sued, can own and transfer property.” Because these non-human entities are “voiceless,” they are legally represented “by guardians and agents” to assert their legal rights and fulfill their legal duties and responsibilities.

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