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Juristic Person as a Wrongdoer

Publication at Faculty of Law |
2018

Abstract

The aim of the lecture was to explain the importance of distinguishing between basic theoretical concepts such as the capacity to be a perpetrator or wrongdoer on one hand and the capacity to impute wrongful conduct. These two legal categories are often used promiscuously even if they are not identical.

The capacity being considered as a liable person results from legal personality (personhood) that is granted to both a natural person and juristic person. The capacity commit a delict results in case of a natural person from its "sanity" ie the recognition and controlling components of the action.

Given that the legal person does not have its own reason and will, it can not be liable for its own culpable conduct. Instead the juristic person is held liable for the (unlawful) conduct executed by natural persons.

The conduct of those natural persons acting as its organs, agents or employees is considered as the own unlawful conduct of the juristic person on the ground of "imputation".