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Legal Persons: Theories of Persons and Inclusivity of Artificial Persons in Indian Statutes

Author: Shatakshi Vats, Student, Amity Law School, Amity University, Uttar Pradesh, India

Abstract

The study has attempted to answer some pertinent questions, that are often the premise for confusion among law students and people from other disciplines. ‘Persons’ have been classified for varied purposes under statutes governing economic, social fields. ‘Artificial’ and ‘natural’ persons have been the foundations for the drafting of legislation that regulate their relations inter se. It is imperative to note that the idea of differentiating between ‘artificial’ and ‘natural’ persons has been in prevalence since ancient times. The report is an attempt to chalk out the differences between ‘legal personality’ and ‘legal capacity.’ The two terms are often used invariably, however an analysis of the terms, both literally and metaphorically shows that they are enormously different and one is the consequence of the other. The document has incorporated the ideas of numerous thinkers and jurists, whose interpretations have helped courts around the world to confer ‘legal personality’ and ‘legal capacity’ on non-living entities, whose formation and existence was inseparable from ‘natural persons’, as societies evolved and ‘persons’ started associating themselves to groups and organizations. The report focuses on different types of legal entities and how Indian courts and statutes have treated them in terms of rights and duties. The matter of corporate personality has been separately studied to understand the implications of the functioning of the personality in the presence of other entities like itself and ‘natural persons’ that are associated with it.


Keywords: Legal Persons, Artificial persons, Theories of Persons

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