Legal Personality - SpeedyLook encyclopedia

The legal personality is the aptitude, for a person, with being titular of right subjective and with being subjugated with obligations. The natural persons as the moral persons can be equipped with the legal personality. The legal personality is made up of the capacity of pleasure of the rights and the capacity to exert rights.

The legal people are what one can also call of the prone rights , because if they are subjected to the objective Droit, the legal personality confers also the possibility to them of exerting subjective right .

Concept

A legal Fiction

If the moral legal personality is, essentially, a legal Fiction, the physical legal personality can also the being. If it is explainable in the majority of the situations, it can happen that it is not rational.

For example, a declared person goes away is declared died, and thus, déchue of her legal personality. But this person could then give again her news: one will then need a new judgment for to cancel the death .

Same manner, the civil Mort has during existed a long time: it was about the extinction of the legal personality of an human being however quite alive.

History

Creation of the physical legal personality by the Roman law

The legal personality is a concept founder invented by the Roman law.

The primitive legal systems make body the stake of the social relations, and, particularly, legal. It is thus normal that the legal personality appears, deeply related to the body.

In the antiquated Roman law, a Debtor which could not refund its debt was given to its Créancier which could sell it, to reduce it in Esclavage, and even to kill it. Moreover, on this last assumption, if there were several creditors, the body could be crossed in several pieces, that divided the creditors. The natural person is then confused with the legal person.

The concept of personality legal, because it is the base of the social reports/ratios in the complex companies, was transmitted to the Ancien right French by the glossateurs of the Université of Bologna.

Emergence of the moral legal personality in the feudal right

The legal idea of personality gradually extended, in particular with things, resulting from groupings of men. One can in particular quote the progressive emancipation of the Domaine of the Crown of the King de France: with died of this last, all the grounds which it could conquer of alive sound will become inalienable.

The legal entity, if it exists in the “public” field, can also exist in the private field. The first communities of trades of the 13th century form also a grouping, in complementarity with the basic economic unit which is the workshop.

Gradually, this idea will be essential, and the legal entity will touch little by little all the fields of the social life, policy and economic.

Legal personality of the animal?

The idea of personification of the Animal is old. One remembers the regards that Caligula, according to Suétone, granted to its horse Incitatus, of his safeguarding against the disturbance of the peace at night with high positions of the State (he wanted to name it Consul).

One could also before judge them and punish them with the manner of the human ones: there were lawsuits of animals. However these practices remain confined with the Middle Ages in France. In Switzerland for example, in 1806, a dog was carried out for complicity of murder.

As soon as one was concerned with the fate of the animals, the question arose of knowing if the animal were or not a subject of right. This design was not essential everywhere, in spite of certain doctrinal positions which maintain it, such that which would like to grant to the animal a reduced personality. Despite everything, the right fortunately was concerned with the fate of the animal and one recognizes sometimes certain prerogatives to him which approach those of the subjects of right.

One can announce on this subject the existence of a Universal declaration of the rights of the animal, intervened in 1978 under the aegis of UNESCO

In French right

In French right, the animals are traditionally not titular rights, which is not exclusive of a protection to grant to them. These questions about the legal situation of the animal should not a priori be confused with the consequences which one can titrate on the legal level of the bond of affection linking a person with his animal (compensation for damage related to the loss of an animal).

One notes then allusion very noticed to the quality of to be sensitive in a law of the July 10th 1976 (relative in particular to natural reserves and protected spaces). Starting from this concept, the Magistrates' court of Strasbourg called into question firmly the concept of animal-object: “an animal of which the sensitivity was legally recognized by the law of July 10th, 1976 cannot be comparable with a thing” , which in fact resulted in excluding the assumption from fraudulent subtraction, characteristic of a flight.

One of February 1st, 1994 in right has allowed the constitution of civil Partie defense associations and of protection the animals declared for at least 5 years. It is about a very light bringing together with the situation of the subjects of right.

Lastly, with the reading of January 6th 1999, one realizes few terminological changes within the articles of the Civil code French relating to the distinction between pieces of furniture and buildings. Thus, article 524 of the Civil code speaks about the “animal ” and either about the “ objects” that the owner of a bottom placed there in the service and the exploitation of this bottom. In the article of the French Civil code, it is from now on question of the “animals and the bodies” which can be transported of a place to another (and either only of the “bodies”, among which one found animals).

These modifications confirm the will not to hold the animal for a thing more. Would one move towards a new intermediate category between the goods and the people?

See too

References

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