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What is a juridical person?
A juridical person is a legal entity, a LEGAL CREATURE,
to which a government gives/grants a legal personality, sometimes
called a legal identity, such as a corporation or a partnership.
Legal systems deal with entities which they create, the insidious
CREATURE OF LEGAL LAW which have defined civil rights, specific
duties and obligations assigned to IT. Lawyers call such an entity
a legal fiction. The creature of legal law that is the most familiar
is the corporation. Men, women and children are flesh and blood
living souls, whereas 'legal persons' are entities called a juridical
PERSON-[ALITY]. Juridical personality is said to be granted by the
decree of a competent authority. [birth certificate]
Quote: It seems that the granting
of a juridical PERSONality is a neutral gesture that cannot
influence this right within the framework of the Canadian Constitution.
A juridical PERSONality in no way increases or decreases a government’s
powers; however, a government must have a juridical PERSONality.
All Canadian governments, federal or provincial, have one. It is
essential and allows governments to “link” and function
in concert with existing networks, be they commercial, legal, administrative
or other kinds. A legal status is the TECHNICAL MEANS NEEDED
TO EXERCISE JURISDICTION and powers, the LATTER being the most important.
Legal PERSON [ality] = Juridical
PERSON [ality] in the Quebec
Charter of Human Rights and Freedoms, ch. 1, part 1, states:
"Every HUMAN BEING has a right to life,
and to personal security, inviolability and freedom. He also possesses
a juridical PERSON-[ality].
CIVIL
CODE OF THE PHILIPPINES
NATURAL PERSONS
Art. 40. Birth determines [JURIDICAL] PERSON ALITY];
but the conceived child shall be considered born for all purposes
that are favorable to it, provided it be born later with the conditions
specified in the following article. (29a)
Art. 41. For civil purposes, the fetus is considered born if it
is alive at the time it is completely delivered from the mother's
womb. However, if the fetus had an intra-uterine life of less than
seven months, it is not deemed born if it dies within twenty-four
hours after its complete delivery from the maternal womb. (30a)
Art. 42. Civil personality [JURIDICAL PERSON-ALITY] is extinguished
by death.
The effect of death upon the rights and obligations of the deceased
is determined by law, by contract and by will. (32a)
Art. 43. If there is a doubt, as between two or more persons who
are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove
the same; in the absence of proof, it is presumed that they died
at the same time and there shall be no transmission of rights from
one to the other. (33)
CHAPTER 3 JURIDICAL PERSONS
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public
interest or purpose, created by law; their [JURIDICAL] person-ality
begins as soon as they have been [CREATED] constituted according
to [LEGAL] law;
(3) Corporations, partnerships and associations for private interest
or purpose to which the law grants a juridical personality,
separate and distinct from that of each shareholder, partner or
member. (35a)
Art. 45. Juridical persons [State and its political subdivisions]
mentioned in Nos. 1 and 2 of the preceding article are governed
by the [ADMINISTRATIVE, STATUTORY, CIVIL] [LEGAL] laws creating
or recognizing them.
Private corporations are regulated by laws of general application
on the subject.
Partnerships and associations for private interest or purpose are
governed by the provisions of this Code concerning partnerships.
(36 and 37a)
Art. 46. Juridical persons may acquire and possess property
of all kinds, as well as incur obligations and bring civil or criminal
actions, in conformity with the laws and regulations of their organization.
(38a)
Art. 47. Upon the dissolution of corporations, institutions and
other entities for public interest or purpose mentioned in No. 2
of Article 44, their property and other assets shall be disposed
of in pursuance of law or the charter creating them. If nothing
has been specified on this point, the property and other assets
shall be applied to similar purposes for the benefit of the region,
province, city or municipality which during the existence of the
institution derived the principal benefits from the same.
Foreign Missions and International Organizations Act Convention
of the Privileges and Immunities of the United Nations
Article I; Juridical Personality
Section 1. The United Nations shall possess juridical personality.
It shall have the capacity:
(a) to contract;
(b) to acquire and dispose of immovable and movable property;
(c) to institute legal proceedings.
In jurisdictions based on the
common law, legal personality refers abstractly
to the general ability of a particular subject to be the
object of legal obligations. Thus, all HUMAN
BEINGS have legal personality as natural persons.
Corporations and other forms of associations have, by contrast,
legal personality by virtue of being juridical persons.
The existence of legal personality of itself says nothing as to
the extent of rights and obligations of the persons in question,
whether natural or legal, but simply goes to the
ability in principle of the subject to be the object of legally-defined
relationships.
35. Legal capacity defines the relevant legal relationships more
specifically, and is generally taken to mean the ability of a person,
whether natural or legal, to undertake particular legal acts, including
vindication of rights or commitment to obligations. The scope of
legal capacity in a particular circumstance can depend on both the
nature of the legal personality involved - that is, natural or juridical
person - and the subject matter of the context concerned. This scope
is defined by common law, statute law or both, depending on the
field involved.
36. Typically, the legal capacities of corporations are
set out in comprehensive statutory codes, that draw upon earlier
common law experience, and themselves evolve according
to judicial interpretation. The legal capacities of natural persons
for their part vary according to context. Human rights statutes
(whether in constitutional or standard form) extend certain rights
and remedies to all individuals. In other fields of law, statutes
confer differing legal powers on certain groups of persons alone,
and in differing degrees. Thus, rights to vote, to join the army,
to drink alcohol and to marry are commonly set at various ages by
relevant statutes. In the criminal context, a combination of statutory
and/or common law commonly defines the extent to which minors, mentally
ill and others have the capacity to be subjects of criminal proceedings
and to be held legally responsible. Rights may be variously accorded
to mental health patients on the basis of the individual’s
capacity to understand and respond to particular situations. Legal
capacity in other situations has been more heavily defined by the
common law. Thus, for example, in England, the ability of a child
to consent to medical treatment was held by the House of Lords to
be a case-by-case function of the child's ability to understand
the treatment and its implications and thus to provide an informed
consent.
Article 6 of the Universal Declaration has originally been interpreted
in a broad sense, i.e. as A recognition of the legal status
of every individual and of his capacity to exercise
rights and enter into contractual obligation Article 6.
Everyone has the right to recognition everywhere as a person before
the law.
International
Covenant on Civil and Political Rights leaves no doubt that
Article 16 only covers the capacity to be a [JURIDICAL] PERSON BEFORE
THE LAW, and not also the capacity to act.20 The initial draft of
this provision provided that
1. No person shall be deprived of his juridical personality.
2. No [JURIDICAL] PERSON-[ALITY]shall be restricted in the exercise
of his civil rights save in the case of:
(a) minors;
(b) persons of unsound mind; and
(c) persons convicted of crime for which such restriction is provided
by law.