Browse by Stream
QnA
Home
QnA
Go To Your Study Dashboard

Get Answers to all your Questions

header-bg qa
  • Home
  • Law
  • Read the given passage very carefully and answer the question Law attributes personality to all those entities that are capable of bearing rights or duties, so any entity

Read the given passage very carefully and answer the question

Law attributes personality to all those entities that are capable of bearing rights or duties, so any entity which is capable of the same is treated as a person or personality under the law whether or not that entity is a human being or not. Such a conception of legal personality has resulted in the inclusion of entities like companies, idols, etc. A mere association of individuals does not form a legal person until the law recognizes, over and above the associated individuals, a fictitious being that represents them but it is not identical with them.

Legal personality is a particular device by which the law creates units to which it ascribes certain powers. One of the essential requirements of a legal personality is that the personality may, possess status.

Professor Keeton observes that the juristic person is the personification of the sum total of legal rules applicable to a plurality of persons. The conception of the juristic personality involves a double fiction, at first by fiction we create a unity, and then by a second fiction we attribute to it the wills of individual men. Salmond defines a juristic person as any subject- matter other than a human being to which the law attributes personality. The dead person is not a legal person as he cannot be a bearer of rights and duties; though the law does prohibit defamation of the dead (Section 499, The Indian Penal Code, 1860) as well as give effect to his will. Everyone is interested in maintaining a reputation even after death. The reputation of a dead person receives some degree of protection from criminal law. A defamation suit can be filed for the loss of reputation of a dead person. If the publication is an attack on the internet of living persons, as a matter of fact, this right is in reality not that of the dead person but of his living descendants.

Question

Consider the following statements:

I.All natural persons are not legal persons.

II.All legal persons are treated as natural persons.

III.All business associations are legal persons.

 On the above statements:

 

Option: 1

  I, II and III are correct


Option: 2

  I and II are correct

 


Option: 3

    II and III are correct

 


Option: 4

   I alone is correct

 


Answers (1)

best_answer

Law attributes personality to all those entities that are capable of bearing rights or duties, so any entity which is capable of the same is treated as a person or personality under the law whether or not that entity is a human being or not. Such a conception of legal personality has resulted in the inclusion of entities like companies, idols, etc. A mere association of individuals does not form a legal person until the law recognizes, over and above the associated individuals, a fictitious being that represents them but it is not identical with them.

 

Posted by

avinash.dongre

View full answer

Similar Questions

Trending Articles/News

anam-khan

CLAT 2025 Hearing LIVE: Delhi HC seeks response from Consortium in 2 weeks; next hearing on April 7
anam-khan

CLAT PG counselling 2025 dates soon for LLM; category-wise expected cut-offs for top NLUs
anam-khan

CLAT 2025 counselling likely to begin after Delhi HC hearing on March 3; selection process explained

Latest Question