FACULTY OF BUSINESS

ACCOUNTING SCHOOL

ACADEMIC REPORT

COURSE:

Applied Accounting

THEME:
"General Law of Corporations Law No. 26887
Legal Personality".

AUTHOR:
Salinas Peña, Elizabeth Jazmín (0000-0003-3001-0632)

TEACHER:
Pérez De La Cruz, Nelly María

LINE OF UNIVERSITY SOCIAL RESPONSIBILITY:

Sustainable development, entrepreneurship and social responsibility.

CHIMBOTE – PERÚ

2023

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 INDEX
I. INTRODUCTION............................................................................................3
II. DEVELOPMENT............................................................................................4
III. CONCLUSIONS ………………………………………………………………….7
IV. BIBLIOGRAPHIC REFERENCES………………………………………………..8

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I. INTRODUCTION

We live in a time in which social needs have given way to new

phenomena that correspond to new ways of evaluating the
consequences, our present time is that of uncertain financial markets.
We are all compelled to show a different attitude, however, who
ultimately will have to assume an important determining role in the
system, is the legal entity, given the unstoppable development of
technology and the generation of mechanisms created to meet the
needs of society; facing the financial ups and downs, uncovering
corruption, fluctuations and stock market changes, there is no doubt
that it is up to the entity to assume a more active role if we think of a
real development that is not only measured in figures. Through the
existence of legal personality it is possible to develop economic
activities in a regulated and controlled manner. In addition, they would
also have the capacity to undertake actions of a non-profit nature, as is
the case of NGOs (Sánchez and López, 2021).

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II. DEVELOPMENT

2.1. Definition

According to the Basque Institute of Statistics (2023), Legal Personality

refers to the legal identity by which a person, entity, association or
company is recognized, with sufficient capacity to contract obligations and
carry out activities that generate full legal liability, before themselves and
third parties.

2.2. Characteristics

 Necessary: without them the person does not exist.

 Unique: only one attribute of the same order can be held.
 Inalienable: they are out of commerce, they cannot be transmitted
by means of any act or legal business.
 Indefeasible: they are neither acquired nor lost by the mere passage
of time.
 Unrenounceable: neither the holders of these attributes can
renounce them unilaterally nor the public authority can establish any
sanction that implies their elimination.
 Unattachable.

2.3. Legal tribes

 Name: In natural persons it corresponds to the set of letters and

words used to identify and individualize a person. In legal persons it
corresponds to the Corporate Name or Denomination.
 Capacity: It is the aptitude that natural persons have to be active
and passive subjects of legal relations. A distinction is usually made
between legal capacity or capacity to enjoy, which is imprescriptible,
immutable, unrenounceable, and of public order; and capacity to act
or to exercise specific rights, which may be limited, partial and
variable.

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  Domicile: In natural persons it refers to the place of permanence of
the individual; in legal persons it refers to the physical place of fiscal
domicile.

 Nationality: It is the legal bond that a person has with one or more
specific States.
 The nationality of an individual is, above all, the legal expression of
his or her integration into a national community and, precisely for
this reason, is attributed by virtue of ties such as kinship ius
sanguinis and place of birth.
 Patrimony: In natural persons it is the set of rights and obligations
that are susceptible to economic valuation. In legal entities, they are
also the means that allow them to achieve their purposes. The
patrimony can be pecuniary or moral.
 Civil status: The only attribute that a legal entity does not have.
Thisattribute is exclusive to natural persons and consists of the
particular situation of persons with respect to their family, society
and the State.2.4.

2.4 Civil Law

Legal personality is the capacity to be the subject of rights and

obligations.13 Civil law is a set of principles of law and legal rules aimed at
regulating any type of personal or property relationship, whether forced or
voluntary, between two parties, which may be private or public, legal or
natural persons.

2.5. Constitutional Law

Personality is a specific condition established by the legal system for a

given entity to which rights and obligations are attributed.

2.6. International Law

Having legal personality in the field of international law implies the capacity
to be the holder of its rights and duties. This capacity also implies the

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possibility of asserting these rights in the sphere of international law. By
defining it in this way, it is clear that the circle of actors in the international
arena is wider than that of the Subjects. Thus, legal personality is the
capacity to exercise certain rights and assume certain obligations within
the framework of legal systems

2.7. Legal personality in public international law

The legal personality in the public international law, is the one that leads to
acquire rights and to be responsible for the obligations that they contract,
and for the acts or omissions of their organs in a legal order, but this
capacity to acquire rights and obligations must be determined by a legal
framework, since it is dispensable that it is established in an international
legal order, and the rights to these entities in question is directly, as well as
the already mentioned obligations and rights that they acquire as an
international person. The possibility that they have to assert their rights
when these have been altered must also be taken into account.

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III. CONCLUSIONS

 The recognition of the legal personality of corporations implies that the

obligations contracted by the corporations do not affect, in principle, the

equity of the partners; a situation that must be clearly distinguished from

the problem of determining whether in a specific case the corporate

creditor may enforce its claim, under certain circumstances, against the

assets that make up the equity of the partners individually considered.

 There is a general principle, expressed in several articles of the Civil and

Commercial Code, according to which the different legal entities, although

belonging to the same group, are different legal entities, each with its own

patrimony to respond to its own obligations.

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IV. BIBLIOGRAPHIC REFERENCES

 Sánchez, J. G., & López, F. J. (2021, julio 17). Persona jurídica -

Definición, qué es y concepto. Economipedia.

https://economipedia.com/definiciones/persona-juridica.html

 Definición Personalidad jurídica. (s/f). Eustat.eus. Recuperado el 8 de

mayo de 2023, de

https://www.eustat.eus/documentos/opt_1/tema_30/elem_1831/definicio

n.html

 Atributos de la personalidad. (2023, julio).

https://www.diarioconstitucional.cl/temas-civicos/atributos-de-la-

personalidad/

 La Persona y los Derechos Humanos - Formación Cívica - Biblioteca del

Congreso Nacional de Chile. (s/f). Formación Cívica. Recuperado el 8 de

mayo de 2023, de https://www.bcn.cl/formacioncivica/detalle_guia?

h=10221.3/45661