Legal personality is a fundamental concept of Western legal thought, but it has often been ignored in theorization. It has recently become a topical term, given the growing scientific, political and wider interest in whether, for example, nonhuman animals, natural objects and artificial intelligence should have a legal entity. The legal person is most often explained with the orthodox vision, which equates legal personality with the exercise of legal rights and/or obligations. However, some scholars have deviated (implicitly or explicitly) from this orthodox view of the legal person. Purely passive legal personality: you have claims relating to legal personality, but you cannot manage your own legal platform at all and you cannot be held legally liable (infants, potentially animals). The concept of legal personality is not absolute. `penetration of the corporate veil` means the consideration of natural persons acting as agents involved in an act or decision of society; This may lead to a court decision treating the rights or obligations of a company or public limited company as rights or obligations of the members or directors of that company. The number of skills held by an ordinary human individual usually increases gradually until the age of majority. Babies have no skills and no duties; But as they grow, the legal system usually grants them an increasing number of legal powers. While children and the mentally handicapped possess skills, they are in most cases limited in number and dependent type. It is important to remember that, in most cases, the justification for these limitations is moral rather than conceptual: limiting the number of skills these people possess is for their own good, as they lack the necessary mental faculties.54 I see no conceptual barrier that would prevent most minors or the mentally handicapped from being able to exercise skills independently.
Legal acts include, as a necessary element, the intention to cause a legal consequence. Such intentions presuppose a certain understanding of institutional reality and how to manipulate that reality through the use of symbols. Relatively young children are already beginning to understand these things in a rudimentary way, and most people with disabilities have, to my knowledge, such an understanding. However, it is unlikely that nonhuman animals would be able to form such intentions. Naffine N (2009) Legal Meaning of Life: Philosophy, Religion, Darwin and the Legal Person. Hart Publishing, Oxford, UK In legal proceedings involving animals, animals have the status of « legal persons » and humans have a legal obligation to act as « loco parentis » to animal welfare, as a parent does to minor children. A court ruled in 2014 in the case « Animal Welfare Board of India vs Nagaraja » that animals are also entitled to the fundamental right to liberty enshrined in Article 21 of the Indian Constitution[23], i.e. the right to life, personal liberty and the right to die with dignity (passive euthanasia). In another case, a court in the state of Uttarakhand ordered animals to have the same rights as humans. In another cow smuggling case, the High Court of Punjab and Haryana ordered that « the entire animal kingdom, including species of birds and aquatic animals » should have a « separate legal personality with the corresponding rights, duties and responsibilities of a living person » and that humans be « loco parentis », while setting standards for animal welfare, Veterinary treatment, feeding and shelter, for example, animal cars can have no more than four people. and transported animals must not be loaded beyond the established limits, and these limits must be halved if the animals are to carry the load on a slope.
[22] The term « pessoa jurídica » in Portuguese) is used in case law to designate a legal person with rights and obligations, which also has legal personality. Its regulations are largely based on the Brazilian Civil Code, where it is clearly recognized and defined, among other things. This type of identity theft is a major theme of the Mad Men television series. While serving in the Korean War, the orphaned protagonist exchanges his dog tag with that of his deceased comrade in order to return home early. He then takes the identity of the deceased. In the common law tradition, only one person could have legal rights. In order for them to work, the legal personality of a company has been established to include five legal rights: the right to a common treasure or safe (including the right to property), the right to a corporate seal (i.e. the right to conclude and sign contracts), the right to sue (to enforce contracts). the right to hire agents (employees) and the right to enact laws (self-government). [19] We can have different combinations of the three relevant dimensions of legal personality – benefits, responsibilities and the ability to act.