La personality Legal It refers to the identity legal entity by which a person is recognized person, entity, association o company, with capacity enough to contract obligations and carry out activities that generate full responsibility legal, both towards themselves and towards third parties.
La personality legal, according to the dictionary of the Spanish legal, refers to the quality from which the fitness to be holder de derechos, obligations and the recognition de capacity legal and work. Yes carefully, in a general sense, can be understood as personality and manifestation phenomenal of the person, its externalization in the world, its peculiar “way of being”; within the scope legal, is conceived as the fitness or suitability to be sujeto y holder of legal relations and derechos, recognized by the State by ordering legal.
El Law School understand that the personality legal is the capacity to be sujeto holder de derechos y obligations recognized by legal norms. All physical persons (humans) have personality legal; from the moment we are born until we die we have derechos y obligations: right to Life, to integrity, to the freedom of expression, to have a nationality... the legal obligation to be registered in the record civil, pay taxes…. But, are we the only ones who have personality legal? No, this capacity The so-called legal persons are also recognized, that is, entities (formed by natural persons) that are owners of derechos y obligations legal. Examples of legal entities are: town hall, an NGO, a university.
Attributes of the personality Legal
- Name: In natural persons it corresponds to the set of letters and words that serve to identify and individualize a person. person. In legal entities it corresponds to the Reason Social or to the Denomination.
- Capacity: It is the fitness that natural persons have to be active and passive subjects of legal relations. A distinction is usually made between capacity legal or enjoyment, imprescriptible, immutable, inalienable, Y de order public, and capacity de work or exercise concrete of the derechos, which may be limited, partial and variable. Normally, legislation establishes cases in which a person A person may be incapacitated by court order when he or she is unable to govern himself or herself due to persistent mental or physical illnesses.
- In legal entities9 the capacity to be subjects of derechos y obligations is determined by the scope of its object social and is necessarily exercised through the representation through a person physical, both judicial and extrajudicially.
- Home address: In natural persons it refers to the place of residence of the individual, In legal persons to the physical place where they have their customer's home taxation.10
- Nationality: Is the link legal which has one person with one or more specific States.
- La nationality of an individual is, above all, the legal expression of his integration into a community national and precisely for this reason it is attributed by virtue of links such as the relationship ius sanguinis and the place of nacimiento ius alone.
- Equity shares : In natural persons, they are the set of derechos y obligations that are susceptible to economic evaluation. In legal matters, they are also the means that allow them to achieve their ends. . It can be pecuniary or moral.
- State civil: Only attribute with which it does not account la person legal. This attribute is exclusive to physical persons (natural persons) and consists of the situation particular of people regarding their family, The society and the State.
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