We explain to you what a legal person is and its differences with a natural person. In addition, the types of legal entity and examples.
What is a legal person?
It is called a juridical person or a moral person who allows the existence of an individual endowed with rights and obligations, but who is not a citizen, but an institution n, organization or company that pursues a social purpose for or without profit.
This figure is relatively recent regarding rights. It has no direct equivalent in Roman law, because they thought societies slightly differently, but they did understand the existence of personae vice fingitur, that is, institutions that carried carry out work similar to those of physical persons.
Later, during the Middle Ages, there was talk of congregation y comunitas to refer to the voluntary associations of individuals. The first mention of a juridical person appropriately will arise at the end of the 18th century, according to two trends: the French Revolution and the Historical School of Law.
A juridical person is born according to a legal act or act of constitution, that is, a legal event of foundation that is recognized by the agencies and authorities administrative, which may require the subscription in public records or compliance with certain legal conditions.
These types of figures subscribe to many of the duties and rights of natural persons, except in the case of criminal offenses and of a similar nature, which cannot be attributed to the corporation but to natural persons who, living within from it, they are directly responsible for the crime committed. However, it is possible to apply criminal sanctions to a juridical person involved in criminal acts, although this is usually a matter of administrative law.
It can serve you: Civil Law.
Legal person and natural person
Legal persons and natural persons are different at many levels, despite being both legal figures that involve the attention of certain duties and the enjoyment of certain rights.
In fact, legal persons may be composed of natural persons or other legal persons, while a natural person necessarily corresponds to a citizen.
The latter implies that a natural person does not need to demonstrate an initial capital to undertake their activity, as legal entities do, nor does it operate as a public limited company, limited liability company or collective society.
Types of legal entity
Usually distinguishes between two forms of legal entity:
- Legal persons of Public Law . Those that represent the State entities and that look after their interests, having application within the territory of the country and for the citizens who inhabit it, divided in turn into Legal Persons of Internal Public Law (action within the country) and Persons Legal Public External Law (action outside the country).
- Legal persons of Private Law . Those that represent private interests, regulated by specific business codes: associations, companies, cooperatives, commercial civil societies, etc. Whether these are for profit or not.
Examples of legal entity
Some examples of legal entity are:
- International technology companies such as Hewlett Packard, Microsoft, Samsung, Huawei.
- Transnational car companies such as Honda, Ford, Chevrolet, Renault, Seat.
- Non-governmental organizations such as Amnesty International, Greenpeace, WWF International, BRAC.
- International banks such as Deutsche Bank, Santander Río, BBVA, ICBC, HSBC.