Persons Synopsis 1. Definition: ............................................... ..................................................................... ............................................ ............................................ .................................. ............ 1
History of word person ........................................... ................................................................. ............................................ .................................. ............ 1
Kinds of persons ............................................. .................................................................... ............................................. ............................................ .............................. ........ 1 Natural Persons ........................................... .................................................................. ............................................. ............................................ .............................. ........ 1 Legal Persons ........................................... ................................................................. ............................................ ............................................ ...................................... ................2 Kinds of legal persons ............................................. ................................................................... ............................................ ............................................. ....................... 2 Corporation .......................................... ................................................................ ............................................ ............................................ ...................................... ................ 3 Institution ............................................. ................................................................... ............................................ ............................................ ...................................... ................ 3 Funds or estate ............................................ ................................................................... ............................................. ............................................ .............................. ........ 3
1. Definition:
History of word person: The word „person‟ is derived from the Latin word ‘persona’ this term has a long history;
In beginning, it simply meant a mask. Later on, it was used to denote the part played played by a man in life. After that, it was used used in the sense sense of the man who played played the part. In later later Roman Roman law, the term became synonymous with c a p u t ( p e r s o n ) .
Last of all, the term is used in the sense sense of being who is capable of sustaining rights and duties.
According to Salmond: “A person is any being whom the law regards as capable of right or duties. Any being that is so capable is a person, whether a human being or not and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance and this is the exclusive point of view from which personality receives legal recognition.”
Kinds of persons: Two kinds of persons are recognised by law and those are n a t u r a l p e r s o n and legal perso ns. Legal person are also termed as artificial, juristic, fictitious or moral. Natural Persons: Definition: According Definition: According to Holland, Holland, a n a t u r a l p e r s o n “such a human being as is regarded by the law as capable of rights and duties— duties —in the language of Roman law, as having a status.” Natural persons are living human human being recognized as person by the State. State.
ZEESHAN HUSSAIN ADIL (Adv.): ENGLISH JURISPRUDENCE (Q&A-LL.B-I, Session 2013-14)
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Toppers Law College First requisite of natural person: person: The f i r s t r e q u i s i t e of a normal human being is that he must be recognised as possessing a sufficient status to enable him to possess rights and duties. A slave in Roman law did not possess possess a personality personality sufficient to sustain sustain legal rights and duties. In spite of that, he existed in law because he could make contracts which under certain circumstances were binding on his master. Certain natural rights possessed by him could have legal consequences if he was manumitted. Likewise, in Roman law, an exile or a captive imprisoned by the enemy forfeited his rights. However, if he was pardoned or freed, his personality returned to him. In the case of English law, if a person became an outlaw, he lost his personality and thereby became incapable of having rights and duties.
Second requisite of natural person: person: The s e c o n d r e q u i s i t e of a normal human being is that he must be born alive. Moreover, he must possess essentially human characteristics.
Legal Persons:
Definition: Legal Definition: Legal persons are real or imaginary beings to whom personality is attributed by law by way of f i c t i o n where it does not exist in fact. Juristic persons are also defined as those things, whom the law has conferred conferred a legal status and who are in the eye of law capable of having rights and duties as natural persons. Law attributes by legal fiction a personality of some real thing. A fictitious thing is that which does not exist in fact but which is deemed to exist in the eye of law. There are two essentials of essentials of a legal person and those are the c o r p u s and the
animus. The c o r p u s is the body into which the law infuses the a n i m u s , will or
intention of a fictitious personality. The a n i m u s is the personality or the will of the person. in a juristic person. By o n e f i c t i o n , the juristic There is a d o u b l e f i c t i o n person is created or made an entity. By the s e c o n d f i c t i o n , it is clothed with the will of a living being. Creation of juristic persons: J u r i s t i c p e r s o n s come into existence when there is in existence a thing, a mass of property, an institution or a group of persons and the law attributes to them the character of a person. This may be done as a result of an act of the sovereign or by a general rule prescribed by the government. A legal person has a legal existence but its personality is fictitious. Personification is essential for all legal personality but personification does not create personality. Personification is a mere metaphor. It is used merely because it simplifies thought and expression. Example: A Example: A firm, a jury, a bench of judges or a public meeting not recognized as having a legal personality. The a n i m u s is lacking in their case. is Kinds of legal persons :
ZEESHAN HUSSAIN ADIL (Adv.): ENGLISH JURISPRUDENCE (Q&A-LL.B-I, Session 2013-14)
Persons
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Legal persons are the creation of the law, therefore, law can create as many legal persons as the it please. Legal persons which are recognised by our legal system are generally, charitable societies, social welfare organizations, trust, institution, associations and companies. Following are the kinds of legal persons, inter alia, created under the different laws of Pakistan.
Corporation
A corporation is an artificial or fictitious person constituted by the personification of a group or a series of individuals. The individuals forming the c o r p u s of the corporation are called its members. A corporation is either a corporation aggregate aggregate or a corporation sole.
Institution
In some cases, the c o r p u s or the object personified is not a group or succession of individuals but an institution itself. Example: Examples of institutions are a college, church, libarary, mosque, hospital, an idol, etc. Funds or estate: cases, the corpus corpus or the object object personified is some f u n d o r e s t a t e In some cases, reserved for a particular purpose. Example: Examples of this kind of legal persons are the property of a dead man, the estate of an insolvent, a fund for charity, an estate under a trust, etc. Roman law, the estate of a dead person was regarded regarded as having According to Roman a legal personality by the notion of herdita jecens till till it was vested in t he legal heirs. Likewise, the S t i f t u n g , unincorporated fund for charitable purposes, was vested with rights and duties and was itself personified.
ZEESHAN HUSSAIN ADIL (Adv.): ENGLISH JURISPRUDENCE (Q&A-LL.B-I, Session 2013-14)