SUBJECT:- Jurisprudence II

Topic:- .KINDS OF PERSON

Submitted by:-

Name :– Rajat Kashyap

Roll No:- 1423

Course:- BBA LLB

Year:- 3rd

Semester:- 6tg

INTRODUCTION
The word “person” is derived from the Latin word “ persona” which meant a mask
worn by actors playing different roles in the drama. Until the sixth century the word was
used to denote the part played by a man in life. Thereafter, it began to be used in the
sense of a living being capable of having rights and duties. Many writers have restricted the
use of term personality to human being alone, because it is only they, who can be subject
matter of rights and duties and, therefore, of legal or juristic personality. But it must be
stated that the term personality has a far wider connotation in law and includes Gods,
angels, idols1 and corporations2 etc, although they are not human beings. On the contrary,

1
1 P.N. Mullick V P.K. Mullick 1925 LR 52; Ind App 245 Cited From Prof. Aggrawal Nomita‟s
Jurisprudence 8th Ed.2010 Page 169
2
Saloman V Saloman (1987) AC 22
there may be living persons in olden times such as slaves, who were not treated as persons
in the eyes of law, because they were not capable of having rights and duties and the slavery
is now completely abolished in all civil societies of the world. Likewise, in Hindu law an
ascetic (Sanyasi) who has renounced the world ceases to have any proprietary rights and
his entire estate is passed on to his heirs and successors and his legal personality completely
lost.3

SCOPE AND OBJECT OF THE PROJECT

The project revolves around the concept of theories of legal personality. It is aimed
at getti ng an insight into intricacies of legal personality, emphasis being laid on the
theoriesabout various legal personality theories, its special attributes and rules of
termination. The project has also thrown light upon the lifting the view of legal
personality as well as the criteria for determining the law applicable to it with
reference to different types of legal persons.

RESEARCH METHODOLOGY
 SECONDARY RESOURCES

3
Dr. Paranjape N.V. on Studies in Jurisprudence, legal theory 4rth Ed.(Reprint 2006) Page
CHAPTERIZATION
1. Introduction

A. DEFINITION OF LEGAL/JURISTIC PERSON

B. JURISTIC PERSONS

C. PURPOSES OF INCORPORATION

D. Kind OF CORPORATIONS

I. CORPORATION AGGREGATE

CHARACTERISTICS OF CORPORATE AGGREGATE

II. CORPORATION SOLE

E. CROWN AS THE CORPORATION SOLE

F. POSITION IN INDIA

G. CORPORATION WHETHER A CITIZEN

2. THEORIES OF CORPORATE PERSONALITY

A. THE FICTION THEORY

B. THE REALISTIC THEORY
C. THE CONCESSION THEORY
D. THE BRACKET THEORY
E. THE ORGANISM THEORY
F. THE OWNERSHIP THEORY
G. THE PURPOSE THEORY
H. THE KELSEN’S THEORY

3. LIFTING THE VEIL OF CORPORATE PERSONALITY

4 CONCLUSION

BIBLIOGRAPHY