Introduction – Personality in Law
In legal jurisprudence, personality refers to the capacity of an entity to possess legal rights and obligations. Only those recognized as legal persons can sue or be sued, own property, or be held liable under the law. Legal personality is fundamental to the structure of legal systems.
Types of Legal Persons
1. Natural Persons
These are human beings who are recognized as legal persons by virtue of being born. They enjoy rights and are subject to duties from birth until death.
- Legal Status Begins: At birth.
- Legal Status Ends: At death.
- Rights: Right to life, liberty, property, etc.
2. Legal or Juridical Persons
These are entities other than human beings that the law recognizes as having legal personality.
Examples include:
- Companies
- Institutions
- Government bodies
- NGOs
- Universities
These entities can own property, enter into contracts, and sue or be sued through representatives.
Theories of Legal Personality
- Fiction Theory
- Propounded by Savigny.
- Legal persons are mere creations of law and have no existence apart from it.
- Realist Theory
- Propounded by Gierke.
- Collective groups have a real personality and are not mere fictions.
- Purpose Theory
- Propounded by Brinz.
- Legal persons exist only to fulfill certain purposes (e.g., charitable trusts).
- Bracket Theory (Symbolist Theory)
- Propounded by Jhering.
- Legal personality is a convenient bracket to represent group interests in court.
- Concession Theory
- Common in Continental Europe.
- The state grants personality through legislation or recognition.
Legal Status of the Unborn, Dead, and Animals
- Unborn Child
- Has limited legal personality for specific purposes (e.g., inheritance under Hindu Law or Guardianship under Muslim Law).
- Dead Person
- No legal personality, but the law protects reputation and burial rights posthumously.
- Animals
- Not legal persons, but are given protections under animal welfare laws.
Corporate Personality
Legal personality granted to organizations enables them to:
- Enter contracts
- Own assets
- Incur liabilities
- Continue beyond the lives of their members (perpetual succession)
Key doctrines include:
- Separate Legal Entity (Salomon v. Salomon & Co. Ltd.)
- Lifting the Corporate Veil
Importance of Legal Personality
- Determines who can sue and be sued.
- Defines ownership and liability.
- Essential for legal certainty in contracts, torts, and property.
Conclusion
The concept of personality in law serves as the foundation for rights, duties, and legal accountability. By distinguishing between natural and legal persons, the law ensures that individuals and institutions alike can participate meaningfully in legal processes.
