THE CONCEPT OF LEGAL PERSONALITY

According to Section 11 of the Indian Penal Code, a person includes any company,
association, or body of persons, whether combined or not. Legal personality is an
important subject of law because rights and duties cannot be sued without a person’s
existence. Legal personality refers to a right- and duty-bearing unit in legal terms.

ORIGIN OF LEGAL PERSONALITY

The word “person” comes from the Latin word “persona,” which means “mask.”
In ancient times, until the 6th century, this word described the role a man played in his
life. Later, it should be used in the logic of a living thing, which could be communicated
with rights and duties. Legal personality, the creation of law, can be discussed with
entities other than human beings. Therefore, the law permits two types of people:
natural and artificial, the former relating to humans and the latter one is relating to
others. One of the most recognized artificial people is an establishment or company.

DEFINITION OF LEGAL PERSONALITY

Legal persons are created artificially, and they are the persons present according to the
law.
It includes any beings and things that are treated as persons by law. Thus, the "legal
person" comprises those things which are treated in the same way as human beings for
legal purposes. A legal person is also called fictitious, juristic, moral, etc. Many jurists
have defined "person" in many ways.
But, according to Salmond, a person is any being whom the law regards as capable of
rights and duties.
●Savigny: He defines the person as the subject or the bearer of rights.
●Gray: According to Gray, a person is an entity to which rights and duties may be
attributed.
●AUSTIN: According to Austin, the term “person” includes a physical or natural person,
including every being which can be deemed human.

TYPES OF LEGAL PERSONS

1) Natural Person
2) Judicial Person
Natural Person
According to Holland, a natural person is “such a human being regarded by the law as
capable of rights and duties

Generally, the natural person denotes the person who has a natural birth from a human
being, who has a physical shape. The natural person is a human being recognized by
law as capable of rights and duties. They have characteristics of power of thought,
speech, and choice. Men are the only natural people present in society. Some
exceptions to natural persons are: minor, lunatic, and slave.

Juridical Person
Artificial or juridical persons are legal creations to which the law attributes a fictitious
personality. They are groups or entities of human beings that have acquired a corporate
character and are treated by law for certain purposes. Artificial persons are created by
the legislature using a character or general statute. For example, corporations, trade
unions, societies, and associations

LEGAL PERSONALITY OF UNBORN PERSON

According to Hindu law, a child in the mother's womb, when born alive, inherits the
property
There is protection for the child in the mother’s womb and the youngster. There are
numerous laws in India specifically designed to protect women and children. In our
Indian constitution, the unborn child is also given legal status. Every legal category,
including property law, medical law, tort law, criminal law, and others, grants legal status
to the unborn child. If a partition takes place between them, a share is to be reserved for
him, and if it is not reserved, then the partition may be reopened by him. According to
Section 13 of the Property Transfer Act, the property can be transferred in favor of the
unborn child. Section 416 of the CRPC provides that if a pregnant woman is sentenced
to death, her execution will be postponed until she gives birth. Abortion and infanticide
lead to criminal offenses.

LEGAL PERSONALITY OF DEAD PERSON

According to the law, a dead man is not a legal person. As soon as a man dies, he ends
up having a legal personality. A dead person doesn’t have any rights. When they die,
their legal rights and duties end. There is no legal status for a dead person.
The legal maxim “Action personalis moritur cum persona” means action dies with the
death of a man. Section 297 of the IPC also provides punishment for committing
disgrace to any human corpse. The criminal law provides that any accusation against a
deceased person who may harm the reputation of that person or hurt the feelings of his
family or other relatives shall be an offense of defamation under Sec 499 of the Indian
Penal Code. The Indian Constitution guarantees the right to privacy is an element of
human dignity and the privacy of the deceased person. In the case of Ashray Adhikar
Abhiyanv Union of India, the Supreme Court held that even a homeless person found
dead on the road has a right to a decent funeral as per his religious faith. The dead
person’s property was carried out by law, according to the will made by him regarding
the disposal of his property.

LEGAL PERSONALITY OF ANIMALS

The law does not recognize animals as humans because animals are merely natural or
have no legal rights. Salmond regards them as objects of legal rights and duties but
never subjects them.

In ancient India, several cases were founded where animals were sued in court. In
modern times, the master is liable for the wrongs caused by his pet. Masters are not
liable due to vicarious liability but due to their negligence. The Animal Cruelty
Prevention Act was enacted under Indian law to protect animals from cruelty. The
judiciary and legislature support and promote animal rights in the same ways that they
do for human rights.

LEGAL PERSONALITY OF IDOL

The idol was an image or symbol of God used for worship. Idol was considered to be a
juristic person.

It is sued and may be sued. Funds dedicated to religious purposes also have the
character of a corporation. It has certain rights and has been given certain protections
by law. The position of the idol was the same as that of the minor, and Pujari, or the
priest, acted on its behalf as a guardian. Neither God nor any supernatural being can be
a person in Law. In the case of Pramathanath Mullick vs. Pradmna Kumar Mullick,
the Privy Council ruled that the idol is a juristic person and can put their point of view in
court.
LEGAL PERSONALITY OF MOSQUE
The mosque is not a juristic person in the eyes of law. Because it’s a place where
people gather to worship, it's not a thing to be worshipped.
Neither church has a legal personality. In the case of Maula Buksh v. Hafiz-ud-din, it
was held that a mosque was a juristic person and could sue and be sued, but in the
case of Masjid Shahid Ganj, the Privy Council held that suits cannot be brought by or
against mosques, as they are not ‘artificial' or juridical persons in the eyes of the law.
Mosques have got an opposite opinion hence; the issue is still open for interpretation.

Types of Corporate Personality

Corporate personalities are of two main types:
Corporation Aggregate and Corporation Sole.

Corporation Aggregate

This type of corporate personality is more common and involves the

association of several individuals for a common purpose. Corporations
aggregate are formed by a group of individuals, known as members or
shareholders, who come together to achieve specific objectives.
Examples include companies, partnerships and associations. In a
corporation aggregate, the members collectively own the corporation
and decisions are typically made through voting in general meetings.

Corporation Sole

In contrast, a corporation sole is a less common form of corporate

personality that involves a single individual, such as a monarch, bishop
or religious leader, who holds a corporate office. The individual holds
the office in a representative capacity and upon their death or
resignation, the office passes to their successor. Corporation sole is
often found in religious institutions, where the officeholder represents
the continuity of the institution’s leadership.
Both types of corporate personality have distinct characteristics and
serve different purposes. Corporation aggregate allows for
collective ownership and decision-making, while corporation
sole represents a continuity of leadership within a single
individual.
Theories of corporate personality

1. Fiction Theory

According to this theory, only human beings have the right to be named
“persons.” The company, according to this theory, has a distinct identity
from its members. As per this theory, a juristic individual only has a fictitious
will. The legal personality of people other than humans, according to this
theory, is the product of fiction

2. Concession Theory

The state’s sovereignty is at the heart of the concession theory. It believes

that the company is extremely important because it is a legal entity
recognized by state or federal law. A juristic being, according to this theory,
is the state’s development. This theory is linked to the theory of fiction. To
some extent, this theory is correct; it is correct in the sense that all rights,
whether human or corporate, derive from what the law grants, and that
where the law does not grant anything, its approval is required to affirm,
preserve, or perpetuate what already exists or is conferred by nature, or
what man has taken or made for himself.

3. Purpose Theory

It declares that only human beings can be persons and have rights, similar to
the fiction and concession theories. Other than humans, entities are
considered artificial persons that merely serve as a legal instrument for
protecting or carrying out a real purpose. The key point of this principle is
that legislation protects specific goals and private interests. The property
claimed by juristic persons does not belong to anything; however, it does
“belong for a reason,” which is the most important fact about it. Many
charitable corporations or associations, such as trade unions11, have been
recognized as legal persons for certain purposes and have a continuing fund,
thanks to this theory.

4. Realist Theory

“Organic Theory” is another name for realist theory. Gierke proposed

this idea, and Maitland was an enthusiastic supporter. According to this
theory, a corporation has all of the same qualities as a real individual. As a
result, he believes that a legal or juristic individual is essentially the same as
a human being. It also states that juristic individuals are not fictional and do
not need the State’s approval. According to the realist theory, group
personality has the same characteristics as individual personality. The
organizations have a real mind, a real will, and a real ability to act

5. Symbolist Theory

Bracket Theory is another name for this theory. Rudolph Ritter von
Ihering was the one who proposed the idea. According to this theory, the
owners of the company are the only ones that have privileges and
responsibilities. When a company is created, granting legal personality
means placing a bracket on the members so that they can be viewed as a
single unit. However, to comprehend the true existence of the business, we
must eliminate the bracket to determine the company’s true location. If and
when the brackets are removed, one can see what the corporation is, what
its true nature is, and how the members of the corporation are exposed by
the removal of brackets.