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Topic: Legal person


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In the News (Thu 23 May 13)

  
  Legal Theory Lexicon
And person is sometimes defined as a "human" or "individual".
Legal Personhood The classical discussion of the idea of legal personhood is found in John Chipman Gray's The Nature and Sources of the Law.
Conclusion "Personhood" is a fundamental notion for legal theorists.
legaltheorylexicon.blogspot.com /2004/03/legal-theory-lexicon-027.html   (1414 words)

  
 Legal Issues
Once legal documents are filled out, the individual with dementia, the caregiver or a trusted family member, the attorney and the doctor should all have copies.
Once a court rules that a person is legally incompetent, a guardian or conservator is appointed for that person.
A power of attorney allows the person with dementia (called the principal) to name a person (called an agent, usually a trusted family member or friend) to make financial decisions when he or she is no longer able (legally incompetent).
www.alz.org /living_with_alzheimers_legal_issues.asp   (623 words)

  
 Corporate person and Human Commodification
In place of a definition of legal personality, jurisprudence moved toward an approach that is dominant as the twentieth century comes to an end: the analysis of "interests" with an eye to "costs" and "benefits." Dewey's "plea" resonated in jurisprudential circles and presaged the future.
Legal theory in the United States today is dominated by an "economic analysis of law" premised on the theory that law "uncannily follows economics" (Barzelay and Smith 1987, 84) in pursuit of economic rationalization and efficient wealth maximization.
Legal personality is the result of a "generative and creative act of meaning" (Goodrich 1986, 221) in a process of political-economic persuasion and seduction.
www.umass.edu /legal/derrico/corporateperson.html   (5186 words)

  
 EMIRE: GERMANY - LEGAL PERSON
A legal person is separate and distinct in law from its members and from their number or changeover.
It is recognized in case law that a legal person is liable for unlawful conduct on the part of its organs and must pay damages where appropriate.
Public-law legal persons exist by virtue of recognition under public law and can be established only by statute or by an act of sovereignty (act of administration, executive order) on the basis of a statute.
www.eurofound.europa.eu /emire/GERMANY/LEGALPERSON-DE.htm   (368 words)

  
 Kieron Wood's pages
Legal professional privilege: Confidential communications between a lawyer and client may not be revealed in court unless the client, expressly or impliedly, waives the privilege.
A person who is liable for a debt or wrongful act is the person responsible for paying the debt or compensating for the wrongful act.
A person who owes a duty of care to someone else and breaches it by lack of reasonable care may be liable in damages for negligence.
indigo.ie /~kwood/legalterms.htm   (10637 words)

  
 Act on the Responsibility of Legal Persons for the Criminal Offences (2003) - Legislationline - free online legislation ...
The responsible person within the meaning of this Act is a natural person in charge of the operations of the legal person or entrusted with the tasks from the scope of operation of the legal person.
The legal person is obliged to serve a brief to the court, by which it has designated its representative, and the proof of his/her authority.
(2) The legal person and the responsible person against whom the criminal proceedings are conducted for the same criminal offence may have one and the same defense counsel, provided that it is not contrary to the interests of their defense.
www.legislationline.org /legislation.php?tid=46&lid=2668&less=false   (3199 words)

  
 JURIST - Legal Dictionaries
Attorney-in-fact - A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character.
A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
jurist.law.pitt.edu /dictionary.htm   (15575 words)

  
 Catholic Legal Theory
Rooted in the dignity of the human person and respect for the common good, it is a reapplication of the Catholic intellectual tradition to a new context.
Scaperlanda: Catholic legal theory is an ongoing project of Catholic law professors, legal philosophers and others to participate in drawing on the Catholic intellectual tradition to build a culture that values the dignity of the human person, sees the community as indispensable for human flourishing, and seeks authentic freedom for the person within the community.
Since, as St. Paul says in Romans 2:15, every person has the law written on their heart, a Catholic legal theorist can rely on the use of natural law to reason together with non-Christians on how society's laws and legal systems ought to be structured for the good of the person.
www.ewtn.com /library/Academic/ZLEGALTH.HTM   (1690 words)

  
 Legal Theory Lexicon: Legal Theory Lexicon 004: The Reasonable Person
The reasonable person, so the story goes, analyzes the costs and benefits of her actions and does not act in such a way so as to impose costs that are not justified by their benefits.
This approach to the reasonable person is roughly correlated with the deontological approach to moral philosophy, most famously associated with Immanuel Kant and his notion of a categorical imperative.
The reasonable person, we might say, acts so that the maxim of her action (the principle upon which she acts) could be willed as a universal law--or to be put it differently, the reasonable person treats others as ends-in-themselves and not only as means.
lsolum.typepad.com /legal_theory_lexicon/2003/10/legal_theory_le_3.html   (2052 words)

  
 NABUUR.com - Advice on establishing a Mexican legal person - Catorce
The legal capacity of the individual goes to issues such as whether the individual is of the age of majority in the jurisdiction where the power of attorney is being granted, or whether the individual is of unsound mind or otherwise incapacitated in some way.
Therefore, a legal conclusion must be drawn as to whether the language of the provisions is broad enough to allow the individual or individuals in question to execute a power of attorney on behalf of the corporation for the purpose required.
The legal requirements for authorizing a particular individual to act on behalf of a corporation in a common law jurisdiction can be as confusing and unfamiliar to a business person from a civil law jurisdiction, as the use of powers of attorney is to someone from a common law jurisdiction.
www.nabuur.com /modules/newbb/viewtopic.php?topic_id=5684&forum=57&post_id=86663   (6077 words)

  
 [No title]
Without legal representation, in contested cases where a lawyer is present for the other side, a victim of domestic abuse often feels powerless and disadvantaged in the courts.
Our mission is to provide legal representation to low income people for the purpose of improving their economic and human condition by protecting and enforcing legal rights; stabilizing the family unit; promoting self reliance; reaching out to groups with added burdens on their access to the legal system and affording dignity to people.
The legal assistance RILS provides is unduplicated by any other law firm in the state and is a necessary and highly specialized service ranging from advice and counsel to direct representation in complex litigation.
www.rijustice.state.ri.us /voca/VOCA/Legal.htm   (3337 words)

  
 Legal and Financial Issues - TheRibbon.com
Management of one's own legal and financial affairs is a basic right of all competent adults, and all 50 states and the District of Columbia have laws protecting individuals from the seizure of these rights by others.
You can wait until the affected individual is legally incompetent, but if you do, finding the person's assets may be difficult or impossible, and assuming control over the person's legal affairs becomes much more problematic--and expensive.
However, the person creating the durable power of attorney document must be competent at the time the durable power of attorney documents are signed, so they must be drafted fairly soon after the Alzheimer's diagnosis.
www.theribbon.com /articles/legalfinance.asp   (1219 words)

  
 SSRN-The Default Legal Person by Susanna Blumenthal
This default legal person, I argue, was first articulated in the post-Revolutionary period by jurists drawing on new “enlightened” forms of Protestantism, and particularly on the Scottish Common Sense philosophy in which they were schooled, in order to delineate the mental prerequisites of legal responsibility.
However, upon closer scrutiny, it is possible to detect certain patterns to these rulings, and to see judges working to refine their characterizations of the default legal person, in part by varying the standard of mental capacity from one field of private law to the next.
Thus, I conclude that the default legal person may best be seen as a pragmatic means by which judges endeavored to monitor the borderlands of legal competency as they struggled to reconcile competing commitments to natural justice, market efficiency, and social welfare.
papers.ssrn.com /sol3/papers.cfm?abstract_id=1003256   (615 words)

  
  Total - Corporate Web Site - Legal  -  Legal
This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information.
Member companies of the Total group have their own legal existence and have independent legal personality, but on this site the terms Total, group or we/us, are sometimes used to designate all Total group companies or when there is no need to identify a particular company of the group.
Reproduction of site documents is authorized solely for informative purposes and for personal, private use: any reproduction and any use of copies made for other purposes is expressly forbidden.
www.total.com /en/common/legal   (1092 words)

  
  Council of Europe - Explanatory Report of the European Convention on the Recognition of the Legal Personality of ...
The European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations, drawn up within the Council of Europe by a select committee of experts under the authority of the European Committee on Legal Co-operation (CDCJ), was opened for signature by the member States of the Council of Europe on 24 April 1986.
The principle is that the law which governs the substance of the NGO's legal personality and capacity is the law of the State in which the statutory office of the NGO, as stated in the memorandum and articles of association, is situated.
Since legal requirements and procedures to establish an NGO differ from State to State the proof to be supplied to this effect cannot be the same in all cases.
conventions.coe.int /treaty/en/Reports/html/124.htm   (2174 words)

  
 Legal Personality Agreement- State of Israel-Holy
For the purposes of this Agreement the legal persons referred to in Articles 3-5 (hereinafter, in this Article: "legal person"), being established under the canon law, are deemed to have been created according to the legislation of the Holy See, being Sovereign in international law.
Any matter concerning the identity of the head, of the presiding officer or of any other official or functionary of a legal person, or their authority or their powers to act on behalf of the legal person, is governed by the canon law.
Any dispute concerning an internal ecclesiastical matter between a member, official or functionary of a legal person and any legal person, whether the member, official or functionary belongs to it or not, or between legal persons, shall be determined in accordance with the canon law, in a judicial or administrative ecclesiastical forum.
www.mfa.gov.il /MFA/MFAArchive/1990_1999/1997/11/Legal+Personality+Agreement-+State+of+Israel-Holy.htm   (1156 words)

  
  limited liability and legal personality
legally incorporated entity which would have a distinct legal personality separate to that of the entrepreneur.
Anybody conducting business in their personal capacity, would be prudent to consult with legal and financial experts, in order to structure their personal finances and assets in such a manner, as to reduce the risk of the loss of such assets in the event that the business venture fails.
His or her personal assets are not at risk unless they specifically sign as sureties for the debts of the entity, in favour of the creditors of the entity.
www.law-online.co.za /sbd/legalpersonality.htm   (1254 words)

  
  Information Services -Legal issues   (Site not responding. Last check: )
For unions, federations or groups of legal persons the law stipulates the necessity to include in the by-laws provisions related to the representation in the executive bodies of the legal persons, and the manner of joining in.
Once the constitutive acts are concluded the legal person acquires a restricted capacity of exercise consisting in the fulfilment of the obligations and preliminary measures necessary for the legal establishment of the legal person (art.33 Decree 31/1954).
Disposal of assets on liquidation Whatever might be the cause of cessation of the legal status, the patrimony of the legal person shall receive the destination shown in the constitutive document or by-law or, in case of silence the destination decided by the general assembly.
www.fdsc.ro /info/frames/Legal_info.html   (3584 words)

  
 Convention on recognition of the legal personality foreign associations
This convention extends to all contracting states the legal personality of such organizations as possess (in one of the contracting states) the power to sue and be sued, to own property, and to enter contracts.
Legal personality, acquired without formality of registration or of publication, shall be recognized as of course, under the same condition, if the company, association, or foundation has been established in accordance with the law which governs the same.
The convention extends to all contracting states the legal personality of such organizations as possess (in one of the contracting states) the power to sue and be sued, to own property, and to enter into contracts.
www.uia.org /legal/app49.php   (5014 words)

  
 legal - TREATY ESTABLISHING A CONSTITUTION FOR EUROPE TREATY ESTABLISHING A CONSTITUTION FOR EUROPE [Law-Ref.org]
Legal aid shall be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice.
Any natural or legal person may, under the conditions laid down in the first and second paragraphs, complain to the Court that an institution, body, office or agency of the Union has failed to address to that person any act other than a recommendation or an opinion.
In each of the Member States, the Union shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.
law-ref.org /EU/kw-legal.html   (1894 words)

  
 [No title]
Legal personality is a crucial aspect of freedom, as [i]t distinguishes one man from others and permits him to assert his essential dignity erga omnes.
If the term ‘legal capacity’ was to be intended as a synonym of ‘capacity to be a person before the law’, the meaning of the second part of this sentence (“Â…and the same opportunities to exercise that capacity”) would become unreasonable, since personhood is to be intended as a quality inherent to human beings.
The existence of legal personality of itself says nothing as to the extent of rights and obligations of the persons in question, whether natural or legal, but simply goes to the ability in principle of the subject to be the object of legally-defined relationships.
www.un.org /esa/socdev/enable/rights/documents/ahc6ohchrlegalcap.doc   (5575 words)

  
 Corporations | LII / Legal Information Institute
A corporation is a legal entity created through the laws of its state of incorporation.
The law treats a corporation as a legal "person" that has standing to sue and be sued, distinct from its stockholders.
The legal "person" status of corporations gives the business perpetual life; deaths of officials or stockholders do not alter the corporation's structure.
topics.law.cornell.edu /wex/Corporations   (347 words)

  
 SSRN-The Bankruptcy Trust as a Legal Person by Thomas Plank
Although the Code occasionally speaks of the estate as though it were a legal person, it explicitly defines the estate as a corpus of property interests.
Accordingly, the bankruptcy trust should be recognized as a legal person.
The debtor in possession is the same person as the debtor, but it serves as, and fully qualifies as, a trustee of the bankruptcy trust.
papers.ssrn.com /sol3/papers.cfm?abstract_id=210250   (510 words)

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