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Legal Person and Natural Person

Discussion in 'Beginner's Forum' started by Goldhedge, Mar 8, 2016.



  1. Goldhedge

    Goldhedge Modal Operator/Moderator Site Mgr Site Supporter

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    “Those who are able to see beyond the shadows and lies of their culture will never be understood, let alone believed, by the masses.” -Plato (427–347 BC)


    Legal Person and Natural Person


    This is an extract from Wikipedia

    You can also get definitions from legal dictionaries like Black's Law Dictionary.


    Legal personality (also artificial personality, juridical personality, legal entity and juristic personality) is the characteristic of a non-living entity regarded by law to have the status of person-hood.

    A legal person: Latin: persona ficta) (also artificial person, juridical person, juristic person, legal entity and body corporate, also commonly called a vehicle) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities under law, similar to those of a natural person. The concept of a legal person is a fundamental legal fiction.

    Legal personality allows one or more natural persons to act as a single entity (a composite person) for legal purposes. In many jurisdictions, legal personality allows that composite to be considered under law separately from its individual members or shareholders. They may sue and be sued, enter contracts, incur debt, and own property. Entities with legal personality may also be subjected to certain legal obligations, such as the payment of taxes. An entity with legal personality may shield its shareholders from personal liability.

    The concept of legal personality is not absolute.

    "Piercing the corporate veil"refers to looking at the individual natural persons acting as agents involved in a corporate action or decision; this may result in a legal decision in which the rights or duties of a corporation are treated as the rights or liabilities of that corporation's shareholders or directors. Generally, legal persons do not have all of the same rights—such as the right to freedom of speech—that natural persons have, although the Republic of Iran has become an exception in this regard.

    The concept of a legal person is now central to western law in both common law and civil law countries, but it is also found in virtually every legal system.[1]

    Some examples of legal persons include: Cooperatives (co-ops), business organization owned and democratically operated by a group of individuals for their mutual benefit Corporation are by definition legal persons. A corporation sole is a corporation constituted by a single member, such as the Crown in the Commonwealth realms. A corporation aggregateis a corporation constituted by more than one member. Municipal corporation (municipalities) are "creatures of statute." Other organizations may be created by statute as legal persons, including European economic interest groupings (EEIGs).


    Companies, a form of business association that carries on an industrial enterprise, are usually corporations, although some companies may take forms other than a corporation, such as associations, partnership,unions,joint stock companies, trusts, and funds.Limited liability companies are unincorporated associations having certain characteristics of both a corporation and a partnership or sole proprietorship. LLCs, like both incorporated and unincorporated companies, are legal persons.

    Sovereign states are legal persons.

    In the international legal system, various organisations possess legal personality. These include intergovernmental organisations (the United Nations, the Council of Europe) and some other international organisations (including the Sovereign Military Order of Malta, a religious order).

    Not all organisations have legal personality. For example, the board of directors of a corporation, legislature, or governmental agency typically are not legal persons in that they have no ability to exercise legal rights independent of the corporation or political body which they are a part of.Creation and history of the doctrine

    In the common law tradition, only a man could sue or be sued. This was not a problem in the era before the Industrial Revolution, when the typical business venture was either a sole proprietorship or partnership—the owners were simply liable for the debts of the business. A feature of the corporation, however, is that the owners/shareholders enjoyed limited liability—the owners were not liable for the debts of the company. Thus, when a corporation breached a contract or broke a law, there was no remedy, because limited liability protected the owners and the corporation wasn't a legal person subject to the law. There was no accountability for corporate wrongdoing.

    To resolve the issue, the legal personality of a corporation was established to include five legal rights—the right to a common treasury or chest (including the right to own property), the right to a corporate seal (i.e., the right to make and sign contracts), the right to sue and be sued (to enforce contracts), the right to hire agents (employees) and the right to make by-laws (self-governance).

    Since the 19th century, legal personhood has been further construed to make it a citizen, resident, or domiciliary of a state (usually for purposes of personal jurisdiction). In Louisville, C. & C.R. Co. v. Letson, 2 How. 497, 558, 11 L.Ed. 353 (1844), the U.S. Supreme Court held that for the purposes of the case at hand, a corporation is "capable of being treated as a citizen of [the State which created it], as much as a natural person." Ten years later, they reaffirmed the result of Letson, though on the somewhat different theory that "those who use the corporate name, and exercise the faculties conferred by it," should be presumed conclusively to be citizens of the corporation's State of incorporation. Marshall v. Baltimore & Ohio R. Co., 16 How. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by statute, as U.S. jurisdictional statutes specifically address the domicile of corporations.Limitations

    There are limitations to the legal recognition of legal persons. Legal entities cannot marry, they usually cannot vote or hold public office,[3] and in most jurisdictions there are certain positions which they cannot occupy.[4] The extent to which a legal entity can commit a crime varies from country to country. Certain countries prohibit a legal entity from holding human rights; other countries permit artificial persons to enjoy certain protections from the state that are traditionally described as human rights.[5]

    Special rules apply to legal persons in relation to the law of defamation. Defamation is the area of law in which a person's reputation has been unlawfully damaged. This is considered an ill in itself in regard to natural person, but a legal person is required to show actual or likely monetary loss before a suit for defamation will succeed.[6][where?]

    Usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U.S. Law, nonpersons such as animals cannot commit crimes.[7]

    Extension of basic rights to legal persons

    United States In part based on the principle that legal persons are simply organizations of natural persons, and in part based on the history of statutory interpretation of the word "person", the U.S. Supreme Court has repeatedly held that certain constitutional rights protect legal persons (like corporations and other organizations). Santa Clara County v. Southern Pacific Railroad is sometimes cited for this finding because the court reporter's comments included a statement the Chief Justice made before oral arguments began, telling the attorneys during pre-trial that "the court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does." Later opinions misinterpreted these pre-argument comments as part of the legal decision.[8] As a result, because of the First Amendment, Congress may not make a law restricting the free speech of a corporation, a political action group or dictating the coverage of a local newspaper,[9] and because of the Due Process Clause, a state government may not take the property of a corporation without using due process of law and providing just compensation. These protections apply to all legal entities, not just corporations.


    Creation and history of the doctrine (Legal Person)In the common law tradition, only a person could sue or be sued. This was not a problem in the era before the Industrial Revolution, when the typical business venture was either a sole proprietorship or partnership—the owners were simply liable for the debts of the business.

    A feature of the corporation, however, is that the owners/shareholders enjoyed limited liability—the owners were not liable for the debts of the company. Thus, when a corporation breached a contract or broke a law, there was no remedy, because limited liability protected the owners and the corporation wasn't a legal person subject to the law. There was no accountability for corporate wrongdoing.

    To resolve the issue, the legal personality of a corporation was established to include five legal rights—the right to a common treasury or chest (including the right to own property), the right to a corporate seal (i.e., the right to make and sign contracts), the right to sue and be sued (to enforce contracts), the right to hire agents (employees) and the right to make by-laws (self-governance).


    Natural person:
    In jurisprudence, a natural person is a real human being, as opposed to a legal person, which may be a private (i.e., business entity) or public (i.e., government) organization.

    In many cases, fundamental human rights are implicitly granted only to natural persons. For example, the Nineteenth Amendment to the United States Constitution, which states a person cannot be denied the right to vote based on gender, or Section Fifteen of the Canadian Charter of Rights and Freedoms, which guarantees equality rights, apply to natural persons only. Another example of the distinction between natural and legal persons is that a natural person can hold public office, but a corporation cannot. A corporation can, however, file a lawsuit or own property as a legal person.


    My Comment:

    This describes what the legal person is, it is a creation by government of a legal person which is a birth certificate. The birth certificate is not flesh and blood it is only a creation on paper. You believe that you are this creation and so you ACT in this capacity at all times, in this capacity you are liable for statutes/civil rights/constitution/human rights etc. you are a citizen and an officer/agent/employee/trustee of the government.

    Remember you can leave that legal capacity (birth certificate) at any time an ACT in your natural capacity in original jurisdiction as a man or woman and be free from tyranny from The Government of Ireland.

    It is your fundamental right NOT to contract.

    Other thoughts;

    I will not use Person OR Human Being when I talk or write to the government as the very word person and/or Human in a legal dictionary can have both meanings (natural and Legal Person). You need to qualify what you want to say or they will go on presumption/assumption that you are the legal person and not the man.

    I always use man whenever I am writing or talking to the government. i.e. I, lee,a man, of original jurisdiction with an inherent right, with inherent power and I happen to be the sole authorised administrator of the LEGAL NAME LEE EDGELY.

    Always finish with:

    By: Sole authorised administrator of the LEGAL ENTITY LEE EDGELY.

    This way you have qualified your name, title, status, jurisdiction and right.

    http://originalman.yolasite.com/what-is-a-legal-person.php
     
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  2. TRYNEIN

    TRYNEIN Gold Member Gold Chaser

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    Ejusdem Generis (eh-youse-dem generous) v adj. Latin for "of the same kind,
    " used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed.

    Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation.



    “In determining the meaning of any Act of Congress, unless the context indicates otherwise—
    the words ‘person’ and ‘whoever’ include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.”
    United States Code, 1 USC 1


    ----------------------------------------------------------------------------------------------------------------------------------------


    The federal government is not the sovereign for ones who are not United States citizens. The government is the sovereign to corporations or persons it creates. One who is in a position of being the servant cannot question the demands of the master. The government possesses what is called "sovereign immunity" in relation to those it creates.
    Clearfield Trust Co. v. United States, 318 U.S. 363, 371 (1943)



     
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