Rights of a Legal Person
The fifth element of legal personality, on the other hand, comprises several elements. One of them is a real situation which it identifies and which arises when it adopts one of the types of associations of undertakings provided for by general company law. In addition, in the recognition of this type of association of undertakings, we find another aspect of the legal person; namely, the recognition by law of the independent identity of the legal person. Free will of the entity or subject: Free will is based on the behavior of the subject, which is carried out with the intention of producing certain legal effects for which it is important that the law (which is externalized in some way) has legal consequences. As soon as this point [the ability to create artificial persons through integration] is reached, a prospect of unlimited freedom, without restriction, that is, by any need to make a person similar to a human being or a group of persons, opens up to the lawyer. If it suits him in any scheme of legal relations to interpolate a person at any time, he can do it and give him the qualities he wants. [ . ] There is also no limit to logic, although in politics there may be a limit to the number of legal persons that can be interpolated at any given point in human relations.13 The Universal Declaration of Human Rights is the most important of all human rights instruments. The following are examples of several definitions7 that served as reference points for this legal entity. Existence of a legal person or legal entity: A legal person is any person capable of acting as the holder of the powers or obligations for which it is responsible in a legal relationship.
The term “legal entity” or “legal person” refers to an unspecified person. The German lawyer40 Serick is recognized as a pioneer in case law by systematically analyzing previous court decisions. The doctrine of penetration of the corporate veil has its origin in American law as the theory of disrespect41 or the doctrine of corporate contempt.42 Powell,43 in turn, defined this theory as “the removal of the legal person of a corporation in a given case in order to reach the natural or legal persons behind the same and the underlying economic reality to apply the substantive law, that is relevant to the specific situation. 44 Many NGOs have encouraged the establishment of the Office of the United Nations High Commissioner for Human Rights and the decision to establish it was taken in 1993 at the United Nations World Conference on Human Rights in Vienna, which recommended that the General Assembly give priority consideration to the establishment of such a High Commissioner for the Promotion and Protection of All Human Rights. This happened in the same year. The United Nations High Commissioner for Human Rights is appointed by the Secretary-General of the United Nations and confirmed by the General Assembly as a “person of high moral character” with expertise in the field of human rights as a United Nations official with primary responsibility for United Nations activities in the field of human rights: Its role includes the promotion, protection and effective exercise of all rights. Engagement and dialogue with Governments to protect human rights and strengthen international cooperation and United Nations coordination to promote and protect all human rights. As the principal United Nations representative for human rights, the High Commissioner heads, inter alia, the Office of the High Commissioner for Human Rights (OHCHR) and its regional and country offices. OHCHR supports the activities of a wide range of United Nations activities in the field of human rights and is committed to the promotion and protection of human rights and respect for universal human rights standards, including the World Programme for Human Rights Education.
The legal economic unit in private law is understood as a State governed by the legal system. This doctrine views personality as the existence of a number of individuals exercising their power to pursue a common goal and recognized by applicable law in the same way as if they were a single person. This situation arises by linking this declaration to a real situation recognized by the legal regime as a factor of individualization of the entity with free will, without implying that this declaration alone can create personality, since one requires both recognition by the legal regime and the free will of the entity that individualizes the regime. Persons with severely limited mental capacities (but who are nevertheless recognised as independent legal persons) obviously cannot deal with all the practical aspects which presuppose the proper execution of many legal acts. If such a person were to sell their home, they might need help drafting contracts, filing a tax return, etc. However, this is also the case for many adults who are generally considered sui juris: people constantly seek expert help for various purposes, since there are few completely independent people in this regard. In fact, in jurisdictions where one is not allowed to represent oneself in court, but where one must have a qualified lawyer, it has essentially been established that individuals cannot deal with such legal issues alone. However, lawyers are obliged to follow their own instructions, which is why you are still an independent legal entity. The main rule is therefore that an independent legal person can only be represented by someone else if the person authorizes the representation.
Dependent legal entities, on the other hand, do not have this kind of power over their representatives in all cases. Realist theories: Note that legal entities, both private and public, are real. As such, rights include not only human beings, but any being who has his own will and life. According to this thought, a society exists as an objectively real entity and the law merely recognizes its existence and gives effect to it. Therefore, the law cannot create entities, but only recognize them. These theories include “organismism”21, the collective theory of the soul,22 and the theory of the social organism.23 Following the ratification of the Rome Statute by 60 countries, the first permanent international criminal court entered into force in 2002, hearing cases related to war crimes, crimes against humanity and genocide. This International Criminal Court (ICC) convicts people accused of crimes against humanity, genocide and war crimes, but only when national courts are unwilling or unable to investigate or prosecute these crimes. So far, the ICC has examined five situations in northern Uganda, the Democratic Republic of Congo, the Central African Republic, Sudan (Darfur), and Kenya.
Its groundbreaking jurisprudence has contributed to advancing the understanding of human rights, such as incitement to genocide and the right to free and fair elections. Its main protection is provided at the UN level by the 1989 Convention on the Rights of the Child (CRC), the most widely ratified convention (not just ratified by the United States and Somalia). The four fundamental principles of the Convention are: non-discrimination; the obligation to safeguard the best interests of the child; the right to life, survival and development; and respect for the views of the child. At the African level, the African Charter on the Rights and Welfare of the Child sets out the fundamental rights of the child, taking into account the unique factors of the continent`s situation. It entered into force in 1999. The Covenant on the Rights of the Child in Islam was adopted by the Organization of the Islamic Conference in 2004. The ASEAN Commission on the Promotion and Protection of the Rights of Women and Children was inaugurated in April 2010. The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse entered into force on 1 July 2010. This Convention is the first instrument to criminalize the various forms of sexual abuse of children, including those committed in the home or in the family.
A factual situation which distinguishes it individually in relation to the ownership of rights and the performance of obligations, and The concept of legal personality is not absolute. `penetration of the corporate veil` means the consideration of natural persons acting as agents involved in an act or decision of society; This may lead to a court decision treating the rights or obligations of a company or public limited company as rights or obligations of the members or directors of that company. Carnelutti8 includes “person” in a triangular sense. He considers the subject to be the summit where personal interests (economic element) and substantive law (legal element) meet against a legal relationship. [T]he capacity to have interests and to suffer harm, as well as the capacity to act rationally and intentionally, are connected with a person`s existence. These are grounds for recognizing entities as persons, but not legal personality criteria, as each jurisdiction sets its own criteria for determining who or what matters as a person. The requirements that contribute to the creation or establishment of a legal entity are: Consider the legal status of a child as opposed to, say, a non-human animal (in a typical contemporary legal system). First, the child has various rights of claim “against the world” that primarily protect the child from physical and psychological harm.36 The scope and severity of these protections are much greater than those afforded to animals. Sensible adults also have such rights, although they may have the right to waive them in certain circumstances. However, there is one type of right of claim that is necessary for the functioning of a child`s legal person, but not for that of an adult: a child has fiduciary rights related to its legal platform.
If a child is abused, it is the responsibility of the child`s representative(s) to seek redress from the abuser and administer compensation in the best interests of the child; Representatives may not use the allowance in their favour.