The concept of legal personality for organizations of persons is at least as old as ancient Rome: a variety of collegiate institutions enjoyed the advantage in Roman law. In legal proceedings involving natural entities, the Supreme Court of Uttarakhand ordered that the Ganges and Yamuna rivers, as well as all bodies of water, be “living entities, i.e. “legal entities”, and appointed three people as trustees to protect the rights of rivers from man-made pollution, such as “pilgrim bathing rituals”. [22] Persons as a corporation or legal entity can generally be grouped as persons, individuals, companies and public bodies can be classified and discussed. A` opens a business, but A`don does not register its company in accordance with the law. This company has no legal personality. Acceptance of a company`s corporate personality essentially means that another non-human entity is recognized as a legal entity. This can be seen in the many theories of jurisprudence on the personality of companies. The majority of the main theories in case law on the personality of the company asserted that the legal entity of the company was artificial. Theories of fiction, concession, symbolism, and purpose supported the claim that the existence of society as a legal entity is not real.
It exists only because state law has recognized it as a legal entity and is recognized either for specific purposes or for specific purposes. Fiction theory, for example, has made it clear that the existence of society as a legal entity is pure fiction and that the rights associated with it depend entirely on what the law attributes to it through fiction. In court cases involving religious entities, the deity (the deity or God is a supernatural being who is considered divine or holy) is also a “legal entity” that can engage in legal affairs through “trustees” or “temple-appointed boards of directors.” The Supreme Court of India (SC) ruled in the 2010 decision on Ram Janmabhoomi`s Ayodhya case that the deity Rama in the respective temple was a “legal entity” authorized to be represented by its own lawyer appointed by the trustees acting on behalf of the deity. Similarly, SC ruled in 2018 that the deity Ayyappan is a “legal entity” with “the right to privacy” in the court case over the entry of women into Lord Ayyapan`s Sabarimala Shrine. [22] Not all organisations have legal personality. For example, the boards of directors of a corporation, legislature or government agency are generally not legal entities because they are not able to exercise their legal rights, regardless of the company or political body to which they belong. In the common law tradition, only one person could have legal rights. To enable them to function, the legal personality of a company was created to include five legal rights – the right to a common treasury or safe (including the right of ownership), the right to a corporate seal (i.e. the right to enter into and sign contracts), the right to sue and be sued (to enforce contracts), the right to hire agents (employees) and the right to enact legislation (self-government). [19] In some common law jurisdictions, the whole corporation (e.g., a corporation composed of several members) and a single corporation, which is a public service with separate legal personality from the person performing the office (the two corporations have separate legal personality).
Historically, most businesses have been exclusively ecclesiastical in nature (for example, the office of the Archbishop of Canterbury is a single body), but a number of other public offices are now established as sole proprietorships. This theory is also known as goal theory. Similar to theories of fiction and concessions, he explains that only humans can be a person and have rights. Entities, other persons, are considered artificial persons and function only as a legal means of protecting or achieving a real purpose.[19] As companies are not human beings, they can only be considered as a legal or artificial person. According to this theory, the legal person is not at all a person, but simply a “subjectless” property intended for a specific purpose and that there is a property but no owner. The legal entity is not built around a group of people, but is based on object and purpose.[20] .