Realist Theory of Corporate Personality

Theory
Realist Theory of Corporate Personality
Jurist
Gierke
Description

Associated with Otto von Gierke (and popularised in England by Maitland), this theory holds that a corporation or group is a real, living organism with a collective will and personality of its own, existing independently of the state. It rejects the Fiction Theory's claim that legal personality is an artificial creation of law — the group's personality is real and is merely recognised, not conferred, by the state.

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