PERSONS

Derived from Latin word persona

A person may not necessarily be a human
being.
Term person has a wider significance than
human beings

Definition
Savigny: Person is the subject or bearer of a
right
Gray : Entity to which rights and duties may
be attributed
Salmond : Any being whom the law regards as
capable of rights and duties

Legal status
Animals:

Previously recognized as persons ( Greek law)

- Germany middle ages; cock was placed on
trial for crowing
-1508 caterpillars of Contes tried for
ravaging the field
They are no longer recognized as persons
Object of legal rights and duties but not
subjects

Dead Persons

Are not persons

Personality of human being commences at
birth and ceases to exist at death
Without conferring rights upon the dead, law
takes into account the desires of a person
when he was alive w.r.t his
- body
- reputation
- estate

Unborn Person
En ventre sa mere

Recognized as persons
Personal , proprietary rights- contingent
Can own property before he is born ,
ownership is contingent and subject to
restrictions

Idol

Considered as a juristic person

Treated as a minor and pujari or somebody
else acts on its behalf as the guardian
Yogendra v. CIT
Mosque
Not a juristic person

Kinds of persons
1. Natural persons
Human being capable of possessing rights and
duties
2. Legal /Artificial/Juristic persons
Real or imaginary beings to whom personality
is attributed by way of fiction
Essentials corpus and animus
Eg. Corporation

Corporation
Artificial person constituted by a group or
series of individuals.
Corporation is either
- Corporation aggregate: incorporated body
of coexisting persons for the purpose of
advancing certain interests
- Corporation sole: incorporated series of
successive persons

Difference btwn Corp. & Firm

Comes into existence
thro incorporation,
registration
Separate existence

Comes into existence

thro an agreement

Doesnt enjoy a separate

identity
Perpetual succession
Depends on the
agreement
Can enter into contracts Cant enter into
with its members
contracts with its
members

 Members
- Pvt. Max- 15
- Public Co. unlimited
Can posses property
diff. from its members
Wound up according to
the procedure given in
Companies Act

Members
- Max 10 w.r.t banking
- others 20
Property of firm is
property of members.
Can be wound up thro an
agreement