{"id":8856,"date":"2017-11-21T00:37:44","date_gmt":"2017-11-21T00:37:44","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8856"},"modified":"2023-02-17T18:38:49","modified_gmt":"2023-02-17T18:38:49","slug":"body-politic","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8856","title":{"rendered":"Artificial Person – businesses, government agencies, other organizations – hav rights but not privileges or immunities"},"content":{"rendered":"

Notice:<\/span><\/strong><\/span><\/p>\n

Not<\/em><\/span> to be confused with a natural person<\/a>.<\/strong><\/span><\/p>\n

person<\/span>:<\/span><\/strong><\/p>\n

1. As the term is used in the law, either an individual or an organization; that is, either a human woman,\u00a0<\/span>man, or child (a natural person), or a corporation or other artificial person.\u00a0\u00a0<\/span>Thus, depending upon the statutory or constitutional provision under considera<\/span>tion, a person may be, in addition to a human being or a corporation, a partnership, an association, a municipality, or a government, among other entities.\u00a0 Only persons possess legal rights.\u00a0 People whom the law recognizes as persons include aliens, illegitimate children, and minors.\u00a0 Although unborn children are not persons within the meaning of the law, rights nonetheless attach to the unborn.\u00a0 <\/span><\/strong>See life<\/em>; personhood<\/em>.\u00a0 Also see abortion<\/em>; wrongful birth<\/em>; wrongful pregnancy<\/em>.<\/span><\/p>\n

2. Also in the language of the law, a party.\u00a0<\/span><\/strong>[1]<\/span><\/p>\n

person<\/span>:<\/span><\/strong>
\n(Black’s Law Tenth Ed., third definition)<\/em><\/p>\n

3. An entity (such as a corporation) that is recognized by law as having most of the rights and duties of a’ human being.\u00a0 *\u00a0 In this sense, the term includes partnerships and other associations, whether incorporated or unincorporated.\u00a0<\/span><\/strong>[2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from John Salmond’s\u00a0Jurisprudence<\/a><\/em>\u00a0(Glanville L. Williams ed., 10th ed. 1947):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cSo far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties.\u00a0 Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man.\u00a0 Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and\u00a0<\/span><\/span><\/strong>this is the exclusive point of view from which personality receives legal recognition.<\/span>\u201d<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0English Private Law<\/em><\/a>\u00a0(Peter Birks ed., 2000):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe word ‘person\u2019 is now generally used in English to denote a human being, but the word is also used in a tech<\/span><\/span>nical legal sense, to denote a subject of legal rights and duties.\u00a0 English law recognizes two categories of persons in this legal sense: \u2018natural persons<\/a>‘ and \u2018artificial persons.’\u00a0 Natural persons<\/a> are those animate beings which possess a capacity to own legal rights and to owe legal duties; artificial\u00a0<\/span><\/strong>persons are sometimes also described as ‘legal’ or \u2018juristic\u2019 persons, but this usage can be confusing, as the latter terms are also used of both animate beings and inanimate entities, to denote the fact that they have an existence as legal actors, rather than the fact that they exist only in the legal, and not in the biological sphere.\u201d<\/span><\/strong><\/span> [4]<\/span><\/p>\n

artificial person<\/span>:<\/span><\/strong>
\n(17c)<\/span><\/p>\n

1. An entity, such as a corporation. created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being.\u00a0 *\u00a0 An entity is a person for purposes of the Due Process<\/a> and Equal Protection Clauses but is not a citizen for purposes of the Privileges and Immunities Clauses in Article IV \u00a7 2 and in<\/span> the Fourteenth Amendment<\/a>. <\/strong>\u2014 aka fictitious person<\/strong><\/em><\/span>; juristic person<\/strong><\/em><\/span>; juridical person<\/strong><\/em><\/span>; legal person<\/span><\/strong><\/em>; moral person<\/strong><\/em><\/span>. Cf.\u00a0<\/span>LEGAL ENTITY. [2]<\/span><\/p>\n

Types of Artificial Persons:<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Click any of the following titles to learn more, and find a list and definition for each type <\/em>of the following artificial persons:<\/span><\/strong><\/p>\n

agency<\/span><\/a> – a fiduciary relationship which arises when one person (a principal) manifests assent to another (an agent) that the agent will act on the principal\u2019s behalf, subject to the principal\u2019s control, and. the agent manifests assent or otherwise consents to do so.<\/span><\/strong><\/p>\n

organization<\/span><\/a> – a body of persons formed to engage ina common activity or to pursue a common purpose.<\/span><\/strong><\/p>\n

\n
corporation<\/span><\/a> – an artificial, intangible entity acting as a single person<\/a> distinct from the shareholders who own it and existing only in contemplation of law; operated by an association of persons who have the power, in accordance with the corporation’s constitution and bylaws, to contract, issue stock, and form lawsuits and legal defense in favor of the person.<\/span><\/strong><\/div>\n<\/div>\n
\n

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