In law , a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts , sue and be sued, own property , and so on. The reason for the term " legal person" is that some legal persons are not people: companies and corporations (i.e., business entities ) are persons legally speaking (they can legally do most of the things an ordinary person can do), but they are not people in a literal sense ( human beings ).
41-615: World Central Kitchen ( WCK ) is a not-for-profit , non-governmental organization that provides food relief . It was founded in 2010 by Spanish American chef and restaurateur José Andrés following the earthquake in Haiti , and has subsequently responded to Hurricane Harvey , the 2018 lower Puna eruption , 2023 Turkey–Syria earthquakes , and the ongoing Gaza humanitarian crisis . The organization has suffered casualties in areas of armed conflict, including one volunteer in Kharkiv in 2023 during
82-454: A Chuihuiv community center killed two WCK volunteers. 36-year-old Sardor Hakimov, a Uzbek migrant to Ukraine, and another volunteer, only identified as Viktoria, were the victims. On 2 June 2023, a WCK volunteer in Kharkiv , a 60-year-old Ukrainian man identified as Igor, was killed as the result of a Russian missile strike on his apartment. On 10 July, four Ukrainian WCK volunteers identified as Tatyana, Iryna, Olga, and Vitaliy were killed in
123-560: A physical person ), and a non-human person is called a juridical person (sometimes also a juridic , juristic , artificial , legal , or fictitious person , Latin : persona ficta ). Juridical persons are entities such as corporations, firms (in some jurisdictions ), and many government agencies . They are treated in law as if they were persons. While natural persons acquire legal personality "naturally", simply by being born, juridical persons must have legal personality conferred on them by some "unnatural", legal process, and it
164-426: A NPO as they are not formed explicitly for the public good as an NPO must be, and NFPOs are considered "recreational organizations", meaning that they do not operate with the goal of generating revenue as opposed to NPOs. An NFPO does not have the same obligation as an NPO to serve the public good, and as such it may be used to apply for tax-exempt status as an organization that serves its members and does not have
205-562: A Russian missile strike on a community center in Orikhiv . On 1 April 2024, seven WCK employees – six people with foreign citizenship and a Palestinian driver – were killed in Deir al-Balah by a series of Israeli airstrikes. After the incident, WCK announced an immediate pause to operations in Gaza. The casualties included: Not-for-profit A not-for-profit or non-for-profit organization ( NFPO )
246-433: A company limited by shares, its shareholders ). They may sue and be sued , enter into 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 members from personal liability . In some common law jurisdictions a distinction is drawn between corporation aggregate (such as
287-544: A company, which is composed of a number of members) and a corporation sole , which is a public office of legal personality separated from the individual holding the office (these entities have separate legal personality). Historically most corporations sole were ecclesiastical in nature (for example, the office of the Archbishop of Canterbury is a corporation sole), but a number of other public offices are now formed as corporations sole. The concept of juridical personality
328-471: A law restricting the free speech of a corporation or a political action group or dictating the coverage of a local newspaper, 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. A prominent component of relevant case law
369-605: A maritime humanitarian corridor at a conference in Paris in early November, and held conversations the following month with the Egyptian president and Jordanian king. According to Cypriot authorities, there were also "technical discussions" with Israeli officials. In an interview with Tel Aviv Radio, the Israeli foreign minister said in December that "It can start immediately". On 11 March, the ship
410-437: Is a legal entity that does not distribute surplus funds to its members and is formed to fulfill specific objectives. An NFPO does not earn profit for its owners, as any revenue generated by its activities must be put back into the organization. While not-for-profit organizations and non-profit organizations (NPO) are distinct legal entities, the terms are sometimes used interchangeably. An NFPO must be differentiated from
451-460: Is also found in virtually every other legal system. Some examples of juridical persons include: Not all organizations 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. The concept of legal personhood for organizations of people
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#1732855794557492-455: Is at least as old as Ancient Rome : a variety of collegial institutions enjoyed the benefit under Roman law . The doctrine has been attributed to Pope Innocent IV , who seems at least to have helped spread the idea of persona ficta as it is called in Latin . In canon law , the doctrine of persona ficta allowed monasteries to have a legal existence that was apart from the monks, simplifying
533-590: Is for this reason that they are sometimes called "artificial" persons. In the most common case ( incorporating a business), legal personality is usually acquired by registration with a government agency set up for the purpose. In other cases it may be by primary legislation: an example is the Charity Commission in the UK. The United Nations Sustainable Development Goal 16 advocates for the provision of legal identity for all, including birth registration by 2030 as part of
574-484: Is not absolute. " Piercing the corporate veil " refers to looking at the individual natural persons acting as agents involved in a company action or decision; this may result in a legal decision in which the rights or duties of a corporation or public limited company are treated as the rights or liabilities of that corporation's members or directors . The concept of a juridical person is now central to Western law in both common-law and civil-law countries, but it
615-412: Is pertinent to the philosophy of law , as it is essential to laws affecting a corporation ( corporations law ). Juridical personhood allows one or more natural persons ( universitas personarum ) to act as a single entity ( body corporate ) for legal purposes. In many jurisdictions , artificial personality allows that entity to be considered under law separately from its individual members (for example in
656-647: Is the Supreme Court decision Citizens United v. Federal Election Commission , which ruled unconstitutional certain restrictions on corporate campaign spending during elections. Other United States points of law include: In Act II, Scene 1 of Gilbert and Sullivan 's 1889 opera, The Gondoliers , Giuseppe Palmieri (who serves, jointly with his brother Marco, as King of Barataria) requests that he and his brother be also recognized individually so that they might each receive individual portions of food as they have "two independent appetites". He is, however, turned down by
697-415: Is the characteristic of a non-living entity regarded by law as having the status of personhood . A juridical or artificial person ( Latin : persona ficta ; also juristic person ) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a natural person . The concept of a juridical person is a fundamental legal fiction . It
738-519: Is the property owned by the deity or idol as a "legal person". Humans appointed to act on behalf of deity are called the "shebait" . A shebait acts as the guardian or custodian of deity to protect the right of deity and fulfill the legal duties of the deity. Shebait is similar to a trustee in case the deity or temple does have a legally registered trust or entity. Under the Hindu Law property gifted or offered as rituals or donations, etc absolutely belongs to
779-536: The " Animal Welfare Board of India vs Nagaraja" case in 2014 mandated that animals are also entitled to the fundamental right to freedom enshrined in the Article 21 of Constitution of India i.e. right to life, personal liberty and the right to die with dignity ( passive euthanasia ). In another case, a court in Uttarakhand state mandated that animals have the same rights as humans. In another case of cow-smuggling ,
820-619: The 2022 Russian invasion of Ukraine . By March 2, 2022, WCK had opened eight kitchens on the Poland–Ukraine border . A local volunteer was killed in 2023 by a Russian missile strike on his apartment in Kharkiv . In response to the ongoing humanitarian crisis , World Central Kitchen has been contributing to food deliveries to the Gaza Strip. As of March 2024, it has provided more than 32 million meals. World Central Kitchen has supplied food to airdrop operations by foreign states, as well as to
861-592: The 2030 Agenda . As legal personality is a prerequisite to legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and obligations ), it is a prerequisite for an international organization to be able to sign international treaties in its own name . The term "legal person" can be ambiguous because it is often used as a synonym of terms that refer only to non-human legal entities, specifically in contradistinction to "natural person". Artificial personality , juridical personality , or juristic personality
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#1732855794557902-458: The New Zealand Bill of Rights Act 1990 provides: "... the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons." In part based on the principle that legal persons are simply natural persons and their organizations, and in part based on the history of statutory interpretation of the word "person",
943-503: The Punjab and Haryana High Court mandated that "entire animal kingdom including avian and aquatic" species has a "distinct legal persona with corresponding rights, duties, and liabilities of a living person" and humans are "loco parentis" while laying out the norms for animal welfare, veterinary treatment, fodder and shelter, e.g. animal drawn carriages must not have more than four humans, and load carrying animals must not be loaded beyond
984-991: The Russian invasion of Ukraine , and seven aid workers during the Israeli invasion of the Gaza Strip . The NGO has contributed to the provision of meals in Australia, the Bahamas, the Dominican Republic, Egypt, Israel, Lebanon, Puerto Rico, Ukraine, the United States, Turkey, Syria, and Palestine. It has also operated culinary training programs in Cambodia, the Dominican Republic, Nicaragua, Zambia and Peru. In late February 2022, Andrés and World Central Kitchen responded to multiple locations, including in border areas and in conflict zones such as hard-hit Kharkiv, Ukraine , to distribute meals during
1025-583: The Uttarakhand High Court , mandated that the river Ganges and Yamuna as well as all water bodies are "living entities" i.e. "legal person" and appointed three humans as trustees to protect the rights of rivers against the pollution caused by the humans, e.g. "pilgrims's bathing rituals" . The Supreme Court of India overturned the decision of the High Court of Uttarakhand in July 2017. Section 28 of
1066-730: The "legal person" status by the law "have rights and co-relative duties; they can sue and be sued, can possess and transfer property" . Since these non-human entities are "voiceless" they are legally represented "through guardians and representatives" to claim their legal rights and to fulfill their legal duties and responsibilities. Specific non-human entities given the status of "legal person" include " corporate personality , body politic , charitable unions etc," as well as trust estates , deities , temples, churches, mosques, hospitals, universities, colleges, banks, railways, municipalities, and gram panchayats (village councils), rivers, all animals and birds. In court cases regarding corporates,
1107-603: The NGO Proactiva Open Arms performing maritime deliveries. On 2 April, WCK announced a pause to operations after Israeli airstrikes killed seven employees (see § Casualties ). In February 2024, Proactiva Open Arms announced that their Open Arms tugboat would conduct delivery to the Gaza Strip towing a barge of food and water provided by World Central Kitchen. The ship had been reportedly stationed in Cyprus since 16 February. The president of Cyprus had proposed
1148-467: 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
1189-550: The US Supreme Court has repeatedly held that certain constitutional rights protect legal persons ( such as 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
1230-456: 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. Indian law defines two types of "legal person", the human beings as well as certain non-human entities which are given the same legal judicial personality as human beings. The non-human entities given
1271-455: The deity Rama in the specific temple was a "legal entity" entitled to be represented by their own lawyer appointed by the trustees acting on behalf of the deity. Similarly, in 2018 SC decided that the deity Ayyappan is a "legal person" with " the right to privacy " in the court case regarding the entry of women to Sabarimala shrine of Lord Ayyapan. Under the Indian law, the "shebaitship"
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1312-435: The deity and not to the shebait. Case example are "Profulla Chrone Requitte vs Satya Chorone Requitte, AIR 1979 SC 1682 (1686): (1979) 3 SCC 409: (1979) 3 SCR 431. (ii)" and "Shambhu Charan Shukla vs Thakur Ladli Radha Chandra Madan Gopalji Maharaj, AIR 1985 SC 905 (909): (1985) 2 SCC 524: (1985) 3 SCR 372" . India and New Zealand both recognised the legal rights of rivers in 2017. In court cases regarding natural entities,
1353-416: The difficulty in balancing the need for such groups to have infrastructure though the monks took vows of personal poverty. Another effect of this was that, as a fictional person, a monastery could not be held guilty of delict due to not having a soul, helping to protect the organization from non- contractual obligations to surrounding communities. This effectively moved such liability to persons acting within
1394-530: The goal of generating profit. An example of this is a sports club , which exists for the enjoyment of its members and thus would function well as an NFPO, with revenue being re-invested into improving the organization. These organizations typically file for tax exemption in the United States under section 501(c)(7) of the Internal Revenue Code as social clubs. Common ventures for which NFPOs are established include: Charities, as NFPOs, function under
1435-405: The organization while protecting the structure itself, since persons were considered to have a soul and therefore capable of negligence and able to be excommunicated . In the common law tradition, only a person could possess legal rights. To allow them to function, the legal personality of a corporation was established to include five legal rights—the right to a common treasury or chest (including
1476-419: The premise that any revenue generated should be used to further their charitable missions rather than distribute profits among members. This revenue might come from donations, fundraising, or other activities undertaken to support their charitable cause. Legal Entity There are therefore two kinds of legal entities: human and non-human. In law, a human person is called a natural person (sometimes also
1517-590: 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 interpreted these pre-argument comments as part of the legal decision. As a result, because of the First Amendment , Congress may not make
1558-506: 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),
1599-419: The shareholders are not responsible for the company's debts but the company itself being a "legal person" is liable to repay those debts or be sued for the non-repayment of debts. In court cases regarding animals, the animals have the status of "legal person" and humans have the legal duty to act as " loco parentis " towards animals welfare like a parent has towards the minor children. A court while deciding
1640-460: The specified limits and those limits must be halved when animals have to carry the load up a slope. In court cases regarding religious entities, the deity (deity or god is a supernatural being considered divine or sacred) is also a "legal person" who can engage in legal cases through " trustees " or " managing board in charge of the temple" . Supreme Court of India (SC), while deciding Ayodhya case of Ram Janmabhoomi , decided in 2010 that
1681-419: Was in Cyprus awaiting departure, after Cypriot authorities claimed that permission had been granted. The goods had reportedly been checked by Cypriot officials with Israeli oversight. It contained "nearly 200 tons of food". The shipment arrived on 15 March at a beach south of Gaza City . According to WCK, this was the first boat to reach Gaza in nearly two decades. On 25 July, 2022, a Russian missile attack on