PERSONALITY

The term personality refers of the possession of those characteristics belonging

to a mankind i.e. the power of thought, speech and choice.
According to Salmond – “A person is any being whom the law regards as
capable of rights and bound by legal duties.”
The term „person‟ is further classified into -
I. NATURAL PERSON
1. A living human being is considered a natural person.
2. A person is considered a natural person when he is born and he
ceases to be a natural person after his death.
3. He must be recognized by the state as a person and he must not be
civilly dead as a monk who has renounced the world.
4. Most of the rights and privileges guaranteed by the law with duties
and obligations are conferred upon natural persons.
5. A natural person may sue and be sued as per the law.
6. A natural person has civil rights such as the right to life, the right to
vote, the right to privacy, the right to marry, the right to practice a
profession, the right to travel, the right to religion, etc. Such rights
are meaningful and useful to human beings. Hence, they are
conferred only upon natural persons.
7. For example – A person living in Hyderabad will be considered as a
legal person and a natural person.

II. LEGAL / ARTIFICIAL PERSON (fictitious or juristic)

1. Legal persons mean beings and things which are treated as persons
by law.
2. Such legal person is treated in the same way as human beings for the
legal purposes.
 3. When Natural persons started developing entities for their
businesses, a complex situation arose when the entities were to be
sued. In order to avoid this problem, the concept of a „legal/artificial‟
person was introduced.
4. Companies, associations, registered trade unions, friendly societies
and many other kinds of groups are legal entities. They own
properties, and suits can be brought in their names.
5. It helps them to carry out the procedures in the court with ease.
6. The law has the power to transform an entity into an artificial person
- who has legal status and value.
7. Thus, legal persons are conferred with rights and duties by the law
for the purpose of the law.
8. For example – a business established in Chennai will only be
considered as a legal person and not a natural person as it only
entails legal existence.
9. Legal personality is not just limited to businesses, it also extends to
the position of a person. A president or a deputy officer are legal
positions given to people. This means that irrespective of who holds
such a position, the duties to be carried out will be the same.
All natural persons are considered legal persons but all legal persons are not
natural persons.

THE LEGAL STATUS OF AN UNBORN CHILD

1. An individual is considered a natural person from the time of his birth till
his death. Such a natural person is capable of bearing rights and duties.
2. In usual terms, the law only gives attention to living natural persons but in
the case of an infant ventre sa mere (a child in its mother‟s womb), the law
makes an exception.
3. In Hindu law, a child in its mother‟s womb is considered as already born.
When he is born alive, he will attain legal status. A child in womb inherits
the property if he is born alive. If a partition takes place among the
coparceners a share is to be reserved for him. If the share is not reserved
then the partition would reopen and the new born boy would take the same
share which he would have taken if he was born before the partition.
4. Section 315 Indian Penal Code, 1860 states that inflicting injury on a
child in the womb and where such injury affects it from being born
amounts to an offence of child destruction.
5. Section 416 Criminal Procedure Code, 1973 states that If a pregnant
woman is awarded death sentence, the execution of the sentence shall be
postponed, till the delivery of the child.
6. Section 13 of Transfer of Property Act, 1882 states that a property can be
transferred to the unborn for his benefit through the means of trust.
7. Similarly Section 114 of the Indian Succession Act, 1925 provides for the
creation of interest in favour of unborn person by the owner of property.

ANIMALS
1. Animals are not persons in the eye of law. They are not subjects but
objects of legal rights and duties.
2. In Ancient Times, animals for some purposes were treated as persons.
Animals and trees were tried in courts for their wrongful acts. If an ox
causes injury to a man or woman resulting in his or her death, then the ox
was to be stoned and its flesh was not to be eaten.
3. In Modern Times, no legal system recognizes animals as persons.
4. The human act of CRUELTY to an animal which is considered as an
offence is, really speaking, not wrong against the animals, but are wrongs
either against the person who owns that animal or against the society.
5. If the animal is of ferocious nature, the master is responsible for the wrong
if he shows negligence in handling it.
6. The owner of animal is also responsible for their trespasses and consequent
damage. If a man‟s cattle, sheep or poultry, stray into his neighbour‟s land
or garden, and does any damage the owner is liable to his neighbour for
the consequences.
7. Moreover, trust for the benefit of particular classes of animals is valid and
enforceable – as a public or charitable trust. These can be created to
promote public welfare or for advancements of a religion.

IDOLS AND FUNDS

1. Idol was considered to be juristic person. It can hold property. It could sue
and could be sued.
2. But it is treated as a minor and a Pujari or somebody else acts on its behalf
- as its guardian.
3. A fund dedicated for a religious purpose is also of the nature of a legal
person. It has certain rights and receives certain protection from law, such
as the property dedicated to a math.
4. Guru Granth Sahib - The Supreme Court stating the historical
background and sanctity of Guru Sahib held it to be a juristic person. It was
stated that The Guru Granth Sahib is a Guru from which people get all their
guidance and answers. It is with this faith that it is worshipped like a living
Guru.

LEGAL STATUS OF DEAD MAN

Dead man is not a legal person. As soon as a man dies he ceases to have a legal
personality. A dead man ceases to have any legal right or bound by any legal
duty. Yet, law to some extent, ensures;
 a decent burial
  it respects the wishes of the deceased regarding the disposal of his
property, (i.e. WILL)
 protects his reputation and
 In some cases continues pending action instituted by or against a person
who is now deceased.
Section 297 of Indian Penal Code also provides punishment for committing
crime which amounts to indignity to any human corpse.
Section 499 of the Indian Penal Code - The criminal law provides that if
anyone harms the reputation of that person if living and is intended to hurt the
feeling of his family or other near relatives then it shall be offence of
defamation.

STATE
1. State is a juristic person. It can sue and can be sued.
2. Article 300 of the Indian Constitution provides The Government of India
may sue or be sued by the name of the Union of India and the Government
of State may sue or be sued by the name of the State
3. In Civil Procedure Code, 1908, provision has been made for making
parties in suits by and against the State.

THEORIES OF CORPORATE PERSONALITY

There are various theories of corporate personality which have attempted to
study the nature and authority of a corporate personality. But it is impossible to
discover a common essence which unifies all the entities.
Following are the 4 principal theories of corporate personality:
 I. FICTION THEORY:
1. Main supporters of this theory are Savigny, Salmond and Dicey.
2. This theory says that only human beings can properly be called
„persons'.
3. Any group of persons or institutions are regarded as persons for a
purpose only by fiction of law, they are not real personalities.
4. According to this theory, when there is no real person (human being),
then there is no personality, no will, no rights, no ability to act
5. Criticism: If it is assumed that the will of the corporation is given to it
by the fiction of law, then it means that it must always be lawful - as
the will conferred by law can never be used for unlawful or illegal
ends. For example a tort or a crime.
Winfield says that corporations have actual existence and not merely a
fiction.

II. CONCESSION THEORY

1. This theory is allied to the fiction theory. The supporters of both
theories are almost the same jurists.
2. This theory says that corporate bodies have legal personality only to
the extent granted by law.
3. In other words, the law is the exclusive source or authority which
confers juristic personality.
4. Here, State has the discretionary power to recognize a corporation.
Thus it leaves room for mischief.
5. This theory differs form the fiction theory on only one point that is –
in fiction theory personality of the group imposes itself with rights and
duties, while under concession theory the personality is imposed or
granted by the state or law.
 6. Criticism: This theory is often termed as dangerous. Discretion of the
state may lead to dictatorship and arbitrary restrictions on corporate
bodies, particularly the political entities.

III. REALIST THEORY (organic theory)

1. Main supporters of this theory are Gierke and Maitland.
2. Corporation is like a living organism - like a natural human being.
3. Corporation is a representation of physical realities which the law
recognizes and not create.
4. The group has a real mind, a real will and a real power of action.
That is when men act in common by meeting and discussing.
5. According to this theory, an individual is integrated into the institution
and becomes part of it. It marks a shift of emphasis from an
individualist to a collectivist outlook.

IV. BRACKET THEORY OR SYMBOLIST THEORY:

1. This theory is associated with Kelsen and Ihring.
2. According to this theory, members of the corporation are the only
holders of rights and duties. And for convenience, referred as a
corporation itself.
3. For example – A, B and C form a company and since it is
inconvenient to refer always to all of them, so a bracket is placed
around to which a name is given
4. Bracket is put or used so as to consider them as a single (one) unit.
This is done for purposes of convenience. That bracket is the
corporation.
Certain other theories

PURPOSE THEORY:
1. According to this theory only human beings have personality. Juristic
persons are no persons at all.
2. Under this theory law protects certain purposes and the interest of
individual beings.
3. The theory has no application to English or Indian law where judges have
repeatedly held that corporation is persons.

HOHFELD'S THEORY:
1. He says that only human beings have rights and duties and corporate
personality is merely a procedural form, which is used to work out in a
convenient way for immediate purpose, a complex class of jural relation.
2. His theory closely resembles the Bracket theory.

KELSEN'S THEORY:
1. Kelsen says that for legal purposes there is no contrast between natural and
juristic persons.
2. Personality is always a matter of law.
3. In law personality means the totality of rights and duties.
4. Any entity which bears the totality is a person in the eye of law.
5. To make a distinction between natural and legal persons is meaningless.
6. Kelsen's theory does not throw any light on the nature of the group
personality nor does it help in solving practical problems. Kelsen did not
bother himself with actual working or practical problems.
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