Juridical person
Ajuridical personis alegal personthat is not anatural personbut an organization recognized bylawas a fictitious person such as acorporation,government agency,non-governmental organisation,orinternational organization(such as theEuropean Union). Other terms includeartificial person,corporate person,judicial person,juridical entity,juridic person,orjuristic person.A juridical person maintains certain duties and rights as enumerated under relevant laws.[1][2]The rights and responsibilities of a juridical person are distinct from those of the natural persons constituting it.
Since thebeginning of writingat the start of recorded history, associations have been known as the original form of the juridical person. This is documented for the 1st century A.D. for Jewish trading companies.[clarification needed]InRoman law,entities gained significance through institutions such as the state, communities, corporations (universitates) and their associations of persons and assets, as well asassociations.At least three persons were required in Rome to found an association.
By country
[edit]Brazil
[edit]The term juridical person ( "pessoa jurídica" inPortuguese) is used inlegal sciencefor designating an entity with rights and liabilities which also has legal personality. Its regulations are largely based on Brazil's Civil Code, where it is distinctly recognized and defined, among other normative documents.
Brazilian lawrecognizes any association or abstract entity as a juridical person, but a registry is required through a Constitutional Document, with specifications depending on the category of Juridical Person and local law of state and city.
China
[edit]For a typical example of the concept of legal person in a civil law jurisdiction, under theGeneral Principles of Civil Law of the People's Republic of China,Chapter III, Article 36., "A legal person shall be an organization that has capacity for civil rights and capacity for civil conduct and independently enjoys civil rights and assumes civil obligations in accordance with the law."[3]Note however that the termcivil rightmeans something altogether different in civil law jurisdictions than in common law jurisdictions.
Germany
[edit]Article 19(3) of theGerman Constitutionsets forth: "Fundamental rights shall also apply to domestic artificial persons insofar as the nature of such rights shall permit."[4]
Italy
[edit]In Italytrade unionshave juridical personality, as stated in Article 39, Paragraph 4 of theConstitution:
Registered trade unions are juridical persons. They may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement.
— The Italian Constitution[5]
See also
[edit]- Algorithmic entities
- Corporate personality
- Corporate personhood
- Environmental personhood
- Legal person
- Person
- Person (Catholic canon law) § Juridic persons
References
[edit]- ^Garner, Bryan A.; Black, Henry Campbell (2015).Black's law dictionary.ISBN9780314642721.OCLC908072409.
- ^"What is JURIDICAL PERSON? definition of JURIDICAL PERSON (Black's Law Dictionary)".The Law Dictionary.19 October 2012.
- ^Gary J. Dernelle. "DIRECT FOREIGN INVESTMENT AND CONTRACTUAL RELATIONS IN THE PEOPLE'S REPUBLIC OF CHINA." DePaul Business Law Journal, Spring/Summer 1994. (6 DePaul Bus. L.J. 331)
- ^"Basic Law. Art. 19 Abs. 3 GG".Retrieved15 October2014– via IUSCOMP.
- ^"The Italian Constitution"(PDF).The official website of the Presidency of the Italian Republic. Archived fromthe originalon 27 November 2016.
