In case law, the word “personality” has several meanings. In fact, the legal entity confers certain legal rights and obligations on the subject in a particular jurisdiction, such as entering into contracts, indebtedness of property, taking on debt, etc. Legal personality is a prerequisite for legal capacity, the ability of any legal person to modify (conclude, transfer, etc.) its rights and obligations. In the analysis of these criteria, other elements of legal persons include: This contradicts the principle set out in article 2 of the Mexican Companies Act, according to which legal personality is recognized for both regular and irregular companies, provided that the latter type is necessary to assert itself as a company vis-à-vis third parties. The German lawyer40 Serick is recognized as a pioneer in case law by systematically analyzing previous court decisions. The doctrine of penetration of the corporate veil has its origin in American law as the theory of disrespect41 or the doctrine of corporate contempt.42 Powell,43 in turn, defined this theory as “the removal of the legal person of a corporation in a given case in order to reach the natural or legal persons behind the same and the underlying economic reality to apply the substantive law, that is relevant to the specific situation. 44 A natural person has legal personality only in so far as he is the sole beneficiary of those protected interests, which legal persons lack. For this reason, there is no essential difference between informal associations (which are not recognized by law) and corporations. In both cases, the purpose is the same and the recognition of legal personality has no other value than to give the natural persons concerned the most appropriate legal form.39 The first chapter of the Civil Code, entitled “On natural persons”, is itself devoted to the discussion of the natural person; while the second chapter focuses on businesses. This Act takes into account as legal persons: the nation, states, municipalities, public bodies recognized by the Code, professional associations and other bodies referred to in article 123, section XVI, of the Federal Constitution; mutual cooperatives; other associations with different policy objectives; organizations for scientific, artistic, recreational or other lawful purposes not unknown to the law; and foreign private legal entities. As regards the subjective rights of the legal person, these are exercised by vicarious agents in accordance with the rights provided for in the articles of association.28 According to Kelsen, the validity of those articles of association is based on a legal settlement provided for by the applicable laws.

As case law grew, so did the concept of person. People began to develop entities for their business and transactions. The world has seen a number of people acting on behalf of entities. The technical problem of suing a company has occurred several times. This paved the way for the development of another group of individuals known as legal entities. Theory of fiction (Savigny): Asserts that legal entities, such as corporations and other collective entities, are legal fictions, with no actual existence in the real world. As such, a legal person includes any entity capable of exercising duties and rights.19 Section 28 of the New Zealand Bill of Rights Act 1990 provides: “. the provisions of this Bill of Rights apply, to the extent possible, for the benefit of all legal persons and all natural persons. Article 19(3) of the Basic Law provides: “Fundamental rights shall also apply to national legal persons, insofar as the nature of those rights so permits. ». [21] The legal economic entity in private law is conceived as a state of the legal system. This doctrine views personality as the existence of a number of individuals exercising their power to pursue a common goal and recognized by applicable law in the same way as if they were a single person. This situation arises by linking this declaration to a real situation recognized by the legal regime as a factor of individualization of the entity with free will, without implying that this declaration alone can create personality, since one requires both recognition by the legal regime and the free will of the entity that individualizes the regime. Legal personality is a concept that is not exclusively reserved for persons, since personality cannot come from the will of natural persons, since there are many who do not have it.

However, they remain individual as holders of rights and obligations. A natural person is an actual human being who is distinct from an “artificial person”, which is a distinction under the law to determine whether a person is acting or acting like himself, is acting or acting on behalf of a corporation or other entity. Indeed, a legal or artificial person is not a person at all, but a collective of persons considered as a single entity for the purposes of a trial. For example, a natural person is different from a legal entity, which can be a corporation, trust, partnership or other group. The Commercial Code48 does not contain a definition of personality, but nevertheless explains its meaning by requiring judges to examine the personality of each party. They even offer litigants that a litigant can challenge the personality of the opposing party if it turns out that the plaintiff or defendant has no legal requirement. In Mexican commercial law, there is no provision defining legal personality, although this term is used, especially in adjectival or procedural aspects. In this way, court decisions on legal persons generally do so with respect to the requirements that must be met for a person to intervene in a particular act or transaction.46 The doctrine has been attributed to Pope Innocent IV, who seems at least to have helped to promote the idea of persona ficta, as it is called in Latin. to be disseminated. In canon law, the doctrine of persona ficta allowed monasteries to have a separate legal existence from monks, which simplified the difficulty of balancing the need for these groups to have infrastructure, even if monks took a vow of personal poverty. Another effect of this was that a monastery as a fictitious person could not be convicted of the crime because it had no soul, which helped protect the organization from non-contractual obligations to the surrounding communities. This effectively transferred this responsibility to the people acting within the organization, while protecting the structure itself, as individuals could be seen as moving and therefore negligent and excommunicated.

[18] It is not true that corporations are considered corporations. It`s about seeing people as businesses. We are all natural people who have been brainwashed into believing that we need driver`s licenses or other documents. A legal personality may also be formed by the power of the office. The President or Clerk is assigned legal positions. Regardless of who holds the position, the official responsibilities are the same. He can be prosecuted for the position. 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. I never thought that companies could technically be called “legal entities” that are considered almost as a single entity. This seems a bit too futuristic for companies, although I think I can see the reason for some sort of “person” legal form that you can refer to in legal and other cases with large companies. The existence and individuation of persons, that is, the elements that distinguish an individual and determine his legal status. Distinguishing features are name, physiological features and place of residence. In fictional theory, the legal person or company is an exception to the rule that only natural persons can exercise rights and obligations. This exception is facilitated by a legal fiction that recognizes the artificial capacity of a fictitious entity to own or possess property. Savigny defines a legal person as an object of property created artificially37 and that this entity develops its capacity or legal personality only through ownership.

Ownership is the means to achieve the purposes for which the legal entity was created. Finally, Kelsen29 deals with legal obligations and rights of legal entities, subject to applicable laws and regulations. Not all organizations have legal personality. For example, directors of a corporation, legislature or government agency are generally not legal entities because they do not have the ability to exercise legal rights independently of the corporation or political body to which they belong.