Persons in Jurisprudence LL.B Notes

Persons in Jurisprudence Notes

who is person ;

In an ordinary meaning any living human being either male or female is person. In old Roman law slaves were not supposed to be person because they were not possessed rights.
In legal term a being who is capable to possess rights and obligation and liabilities is person. All human being are person. Any being whom law regards as capable of rights and duties.

Kinds of persons

There are two kinds of person in law

1. Natural persons
2. Legal person

Natural persons 

All the human beings are natural persons. The entire male and female are persons. All the living beings which are recognized as person by state, they are persons in law and persons in fact.

Legal persons

Legal persons are created artificially and law regards them as legal person. They are persons only in the eyes of law. They are also created by legal fiction so called as fictitious also. They are also called juridical, conventional, imaginary, and they have rights and obligations as natural person. They can sue and be sued.

Animals 

They are no persons because they do not possess rights and obligations. Some people say that they are persons because law prohibits cruelty to them. They should be treated sympathetically and kindly. But this is our cultural heritage and the duty of society and not the duty of animals. Rights always correlate with duties. Since they do not have any duty so no rights and are not persons although in ancient Roman law a rooster was prosecuted and punished but in modern law master of animals can be sued and punished and not the animals itself.

Dead human beings 

They cease their rights and obligation at the moment they go away from this world and their connection is cut down. They are immune from duties and not subject of rights. Law recognize the compliance of will, burial ceremony, no defamation, no desecration of graves, but despite of this fact they are not persons and these duties lie to their legal heirs or living society members.
Statues of unborn babies
In civil law they can sue after they are born through their next friends or at attaining the age of majority. A child in womb has certain rights and inherits property. These all things are subject to his living birth.
Following are important points

1. He can claim damages after birth, for the injuries he received before birth.
2. He can claim compensation for the death of his father or mother in fatal accidents.
3. He inherits even his father is died before his birth. He is natural person even his birth is only for a moment.
4. A woman cannot be punished after conviction if she is pregnant, till birth of baby.

Kinds of legal persons 

They are three kinds of Legal Person are as follows

Institution

Institutions are not personified or group of persons but institutions itself are legal persons, such as, mosque, library, hospital etc.

Corporations

Corporations are a group or series of persons and natural persons are its members.
Funds or estates Funds or estates are used for specific purpose. Property or fund of deceased person for trust or charity is kind of legal person.

Kinds of Corporation

Corporation aggregate

Corporation aggregate is a group or collection of persons who become joint to accomplish a task. Even all members of this corporation die, it will remain live and continue until death by law. Common example of this corporation is Municipal Corporation or registered company.

Corporation sole

Corporation sole is series of successive persons or individuals. It consists of only one person at a time like king, postmaster general, Assistant Commissioner, or Prime Minister. When a person dies, second one comes, fills in vacancy and performs functions. After death of office holder, for the time being, office becomes dormant or inactive or goes in sleeping position and as well as other person fills in the position, it become active.