2. Origin
The term ‘person’ is derived from Latin word ‘persona’ which means a mask worn by actors
playing different roles in a drama.
In Greek it was used for: a mask; the character behind the mask; character in a play; and a
representative in general. A representative of the church was called a person.
In Roman law, the term was applied to any human being or to a human being with respect to
the jural relations associated with him.
3. Definitions
Salmond - A person is any being whom the law regards as
capable of rights and bound by legal duties.
Savigny - A person as the subject or bearer of a right.
Gray - A person is an entity to which rights and duties may
be attributed.
Austin - The term 'person' includes physical or natural
person including every being which can be deemed human.
4. Legal Status of Animals
Law is made for men & allows no fellowship or bonds of obligation between men & animals.
No animal can be the owner of any property, even through the medium of human trustee.
Animals are incapable of legal rights as of legal duties & their interest are not recognized by
law.
However, there are 2 cases in which animals may be thought to possess legal rights:
1. Cruelty to animals is a criminal offence
2. A trust for the benefit of particular classes of animals, as opposed to one for individual
animals, is valid & enforceable as a public & charitable trust, e.g. a provision for the
establishment & maintenance of a home for stray dogs/cats
5. Legal status of an unborn child
A child in the uterus is regarded as a person in law in accordance with the maxim:
Nascitures Pro Ham Nato Habetur i.e. One who is to be born is deemed to have been born
The rights of an unborn person, whether personal or proprietary, are all contingent on his birth
as a living human being.
Damages can be claimed for injury to the foetus of a woman if the woman was known to be
pregnant.
A women convicted cannot be executed if she is pregnant.
6. Legal Status of a Dead Person
Dead persons have no legal personality and hence, cannot sue and be sued.
Dead men are no longer persons in the eye of law as the legal personality of a person dies with
his person.
There are three things of a living person which extend even after their death:
1. Body: A living person is interested in the treatment to be given to his own body. A person is
interested in a decent funeral and good burial. (Williams v Williams) Criminal law secures a
decent burial for all dead persons and the violation of a grave is a criminal offence.
2. Reputation: The reputation of a dead person receives some degree of protection from the
criminal law. Defamation suit can be filed for loss of reputation of a dead person.
3. Property/Estate: A man is dead but he may continue to regulate and determine the
enjoyment of the property he owned while he was alive.
7. Kinds of Persons
1. Natural Persons: According to Holland, a natural person is a human being who is regarded by
the law as capable of rights and duties. Generally a person/human being is he who has a
capacity to sue and be sued is person.
2. Legal Persons: A legal person has a real existence but its personality is fictitious. A fictitious
thing is that which does not exist in fact but which is deemed to exist in the eye of law.
Example: Company or corporation
8. Differences between Natural & Legal
Person
NATURAL PERSON
Is a real, living human being.
Has the power of speech, thought & choice.
Unborn, dead & animals are not included.
Layman does not recognize company,
corporation etc as person.
Have a limited life.
LEGAL PERSON
Real or imaginary whom the law regards as
capable of rights or duties.
Also known as fictitious, artificial lor juristic
In law, unborn, dead & corporations are
treated as legal persons.
The legal person performs its functions
through natural persons only.
Varieties of legal persons; corporations,
presidents, societies etc
Have an unlimited period of life
9. Corporate Personality
Legal personality is an artificial creation of law. Entities recognized by law are capable of being
parties to a legal relationship. A natural person is a human being whereas
Legal persons are artificial persons, such as a corporation, created by law and given certain
legal rights and duties of a human being; a being, real or imaginary, who for the purpose of
legal reasoning is treated more or less as a human being
10. Theories of Corporate Personality
Fiction Theory: This theory says that the personality of a corporation is different from that of
its members. Any change in the membership will not affect the existence of the corporation.
Realists Theory: A corporation has all the characteristics which a natural person has. Therefore,
juristic person are real in the same sense in which human beings are.
Bracket Theory: It states that the conception of corporate personality is important and is an
economic device by which we can simplify the task of coordinating legal relations. Thus, it
emphasizes that the law should look behind the entity to discover the real state of affairs.
Concession Theory: It is concerned with the Sovereignty of a State. It pre-supposes that the
corporation as a legal person has great importance because it is recognized by the State or the
law. According to it, a juristic person is merely a concession or creation of the state.
11. Theories of Corporate Personality
Purpose Theory: It declares that only human beings can be a person and have rights as only
living things can be the subject-matter of rights and duties.
Organism Theory: This theory asserts that corporation is like an organism and it has (limbs in
the form of members), head (top authorities) and other organs.
Ownership Theory: This theory states that human beings are subjected to legal rights not
corporations. It says that juristic person or corporation is not a person anyway.
Kelsen’s Theory: According to it, there is no difference between the legal personality of a
company and that of an individual. In the legal sense personality is only a technical
personification of the norms with the assigned rights and duties.
