Legal Subjects Quiz: Types of Legal Personality

Study Notes

Legal Subjectivity

Types of Legal Subjects

A legal subject is any entity recognized by a legal system as an actor in law, capable of bearing subjective rights and responsibilities. Two primary forms of legal subjects exist:

Natural Persons: Typically, human beings are considered legal subjects, known as natural persons. These individuals possess full legal subjectivity across various domains, including civil, criminal, and administrative law. In most democratic systems, natural persons have unrestricted access to rights and obligations in all aspects of the law.
Legal Persons: Non-human entities, such as corporations, partnerships, trusts, and non-profit organizations, are classified as legal persons. They enjoy legal subjectivity granted to them by the laws of the respective jurisdiction. While they are not moral actors, legal persons can exercise rights and fulfill obligations within the framework established by positive law.

Legal Personality

Legal personality refers to the right of an entity to participate in legal proceedings and perform other actions considered valid under the law. There are several factors that determine whether an entity has legal personality:

Recognition by the State: The state confers or denies legal personality based on its discretionary authority. Depending on the jurisdiction, public bodies, international organizations, NGOs, corporations, and other groups may be granted legal personality.
Ability to Exercise Legal Powers: Legal subjects can exercise legal powers, including entering into contracts, being sued, and holding property. However, they may have limitations imposed by law, such as minors who cannot enter contracts without parental consent or individuals placed under guardianship due to mental incapacity.
Representation Requirement: Some legal entities, especially corporations, must rely on key individuals to represent them in legal matters. These natural persons act on behalf of the legal entity, ensuring that it can participate in legal processes and engage in transactions.

Key Concepts in Legal Subjectivity

Avatar: Just like characters in games or virtual worlds, legal subjects represent entities that are not themselves legal actors. They embody the rights and responsibilities associated with the entity they represent, serving as intermediaries between people and institutions.
Capacity: Legal subjects have varying levels of capacity, depending on the jurisdiction. Individuals may have restrictions on their ability to make contracts, enter into agreements, or engage in certain activities because of age, health issues, or other factors.
Guardianship: When a person loses the ability to manage their own affairs due to mental incapacity, they may be placed under guardianship. During this period, they cannot perform juridical acts, sign contracts, or exercise rights and fulfill obligations.

In summary, legal subjectivity encompasses the recognition of various entities, including human beings and non-human entities, as actors in law. It includes the concept of legal personality, which grants these entities the right to participate in legal proceedings and engage in activities consistent with the law. By acknowledging and regulating the behavior of diverse legal subjects, jurisdictions establish a framework for maintaining order and protecting the interests of all involved.

Description

Explore the distinctions between natural persons and legal persons as legal subjects, along with the concept of legal personality. Understand how entities gain recognition, exercise legal powers, and require representation. Delve into key concepts such as avatar representation, varying levels of capacity, and the role of guardianship in legal subjectivity.