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Legal person (the subject of law) and legal personality

Publication at Faculty of Law |
2013

Abstract

In the twelfth chapter the author explains differences between a concept of natural person and legal entity. Then, he highlights the importance of subsequent stages of legal entity’s life (establishment, incorporation, dissolution and deletion of a company).

In the section about legal entities, the author focuses first on public legal entities (including a state and its specific features) and second on private entities. Further, he stresses the fact that both natural person and legal entity are created by law and that we cannot replace them by their substratum.

From legal perspective it is always important what is required by law in order to perceive something or someone as a subject of law. Subject of law (both natural person and legal entity) must also fulfil some general requirements – it must be identifiable, further it must be capable of action (to express its will) and finally it must be capable of liability.

All of these requirements are basic conceptual characteristics of a subject of law. In addition, it is important to distinguish between legal personality (capacity to have certain rights) and capacity to act.

Moreover, we should keep in mind the distinction between legal personality and the subject of law.