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The concept of a person in law: (a person, a moral person, legal person)

Publication at Faculty of Law |
2012

Abstract

This book describes the evolution of the term person at law from his ancient beginnings until today. With reference to the genesis of the abstract term person in a legal sense the author considers the term moral person as highly important.

This, in his opinion, represents the key to understand the evolution of the term person or, more precisely, the evolution during which the term moral person was separated from the term natural person in order to be subsequently replaced by the term juristic person. The conception of the juristic person is understood to be another milestone in the abstract view on the person.

In order to clarify this term the author is first dealing with the so-called "classical theories" developed throughout the 19th century. He assumes that those theories form in fact the basis followed by most contemporary theorists.

The author pays particular attention to legal normativism which, in his opinion, represents the fundamental turning point in the conception of the person in a legal sense. Then, he follows up with the contemporary foreign approach to the person, especially to the juristic person.

Namely, he looks onto the conception developed by Rolf Ostheim, Fritz Rittner, Gunther Teubner, Thomas Raiser, Jerzy Wróblewski or by other authors associated with postmodernism in legal science. In the last chapter the author expresses his view on the cotemporary conception of the person formed by analysing its elements in applicable law.