I heard this debate about whether or not companies can be considered “persons,” and I did not understand the laws behind it. Companies are not giant humanoids who walk around selling cars or hamburgers for a living. They are “humans” in the sense that they work as a unit, much like humans are billions of cells working together as one creature. Section 28 of the New Zealand Bill of Rights Act 1990 states: ” the provisions of this Bill of Rights apply, to the extent possible, for the benefit of all legal persons and all natural persons. The attribution of legal personality has long been associated with the fact that a person or organization may have the same or similar status as a human being. When the United States was involved in slavery, slaves were denied the right to legal personality. This meant that they could not vote, file complaints, marry legally, or enjoy any of the rights granted by the U.S. Constitution. Women, Native Americans, and other minority groups were often classified into similar categories. By denying these groups this designation, the state effectively denied that they were human, just as white men were considered human. The term “legal person” can be ambiguous as it is often used as a synonym for terms that refer only to non-human legal persons, especially as opposed to “natural person”. [10] [11] The term “person” is defined in 18 U.S.C.
¢¢¢ 2510(6) and refers to any natural person and any natural and legal person. In particular, it includes U.S. and government officials. According to the legislative history, “o)only government units themselves are excluded.” S.Rep. No. 1097, 90. Kong., 2. Sess. 90 (1968). In Act II, scene 1 of Gilbert and Sullivan`s 1889 opera The Gondoliers, Giuseppe Palmieri (who, with his brother Marco, is king of Barataria) asks that he and his brother be recognized separately so that they can each receive individual portions of food, because they have “two independent appetites”.
However, it is rejected by the court (composed of other gondoliers) because the common rule”. is a legal person, and legal persons are solemn things. Since the 19th century, the legal person has been interpreted more broadly to make it a citizen, domicile or domicile of a state (usually for the purposes of personal jurisdiction). In Louisville, C. & C.R. Co. v. Letson, 2 Wie. 497, 558, 11 L.Ed. 353 (1844), United States The Supreme Court held that for the purposes of this case, a corporation “may be treated both as a citizen [of the State which created it] and as a natural person.” Ten years later, they confirmed Letson`s conclusion, albeit on the slightly different theory that “those who use the company`s name and exercise the powers it confers” should be conclusively regarded as citizens of the company`s founding state. Marshall v.
Baltimore & Ohio R. Co., 16 Wie. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by law because U.S. jurisdiction laws relate specifically to corporate domicile. A typical example of the concept of legal person in a civil jurisdiction according to the General Principles of Civil Law of the People`s Republic of China, Chapter III, Article 36: “A legal person is an organization that has the capacity to exercise civil rights and civil conduct, independently enjoys civil rights, and assumes civil law obligations in accordance with the law.” [20] It should be noted, however, that the term citizenship has a very different meaning in civil law and common law systems. Subsequent comments interpreted these comments prior to the oral argument as part of the legal decision.
[26] Accordingly, the First Amendment does not permit Congress to pass legislation restricting the freedom of expression of a political company or action group or requiring reporting in a local newspaper,[27] and the Due Process Clause does not allow a state government to take possession of a corporation without due process and fair compensation. This protection applies to all legal persons, not just companies. The concept of legal entity is at the heart of Western law today, in both common law and civil law countries, but it is also found in virtually all legal systems. [12] Artificial personality, legal personality or legal personality is the characteristic of a non-living entity that legally has the status of personality. The concept of legal personality for organizations of persons is at least as old as in ancient Rome: a multitude of collegiate institutions enjoyed the advantage of Roman law. 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. Laws dealing with commercial organizations (i.e. corporations, partnerships, limited liability companies, etc.) often use the term “legal entity,” so the laws apply to both persons and non-human business entities. 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. Specific non-human entities with the status of “legal entity” include “legal personality, political bodies, non-profit trade unions, etc.” as well as trusts, deities, temples, churches, mosques, hospitals, universities, colleges, banks, railways, municipalities and gram panchayats (village councils), rivers, all animals and birds.
[22] In cases involving individuals, the Uttarakhand High Court has ordered that the Ganges and Yamuna rivers and all waters be “living entities,” i.e., “legal persons,” and appointed three persons as trustees to protect the rights of rivers from man-made pollution, such as “pilgrim bathing rituals.” [22] The term “corporation” is often used in the field of commercial law. A corporation confers rights and obligations under the law on a person or organization. Since legal systems are designed for human use, legal personality is usually automatically attributed to human beings. In the modern world, the concept is often part of discussions about the legal rights or responsibilities of entities such as companies that cannot be defined by a single person.