In law, a "person" is any entity capable of holding legal rights and bearing duties. Personality is not limited to biological human beings.
1. Classifications of Persons
- Natural Persons: Biological human beings recognized as subjects of law.
- Legal / Juristic Persons: Fictional entities created and recognized by law as possessing independent legal status. This includes:
- Corporations: Structured as a Corporation Sole (a single office, like the President) or a Corporation Aggregate (a group, like a company).
- Deities/Idols: Under Hindu Law, a temple deity is recognized as a juristic person holding property, with the manager (Shebait) acting on its behalf.
- Special Entities: The unborn child (*en ventre sa mere*) is treated as a person for property rights. Animals are generally not recognized as persons but are protected under welfare statutes.
2. Theories of Corporate Personality
- Fiction Theory (Savigny, Salmond): A corporation is a fictional creation of the law; it has no real physical mind or will.
- Realist Theory (Gierke): A corporation is a real, organic, collective entity with a real group will, separate from the state.
- Bracket Theory: The corporation is a "bracket" or symbol created for administrative convenience to bundle individual members.
📜 Landmark Case: Salomon v. A. Salomon & Co. Ltd. (1897)
The House of Lords established the absolute doctrine of Separate Legal Entity. The court ruled that once a company is incorporated, it becomes a distinct legal person separate from its shareholders and directors. A company's debts are its own, not its members'.