Legal Personality Theories: A Guide
Exam Snapshot
Legal Personality defines who possesses rights and duties. TU LLB entrance MCQs frequently test theories on non-human entities (e.g., corporations). Focus on proponents, core ideas, and distinguishing features.
Core Concept
Legal personality is the capacity to bear rights and duties. Theories debate if juristic persons have a 'real' existence or are just legal constructs.
Confusable Theories & Proponents
| Theory | Proponents | Core Idea |
|---|---|---|
| Fiction | Savigny, Salmond | Juristic persons are a 'legal fiction'. |
| Concession | Savigny | Personality is granted by the State. |
| Realist | Gierke, Maitland | Groups have a 'real collective will'. |
| Bracket | Ihering | Symbols for human beneficiaries. |
| Purpose | Brinz, Holland | Personality exists for a specific purpose. |
Nepal Law Anchors
- Companies Act, 2063: Registered companies have perpetual succession and the capacity to sue.
- Associations Registration Act, 2034: Legal existence for associations.
MCQ Traps
- Realist Theory: Look for keywords like 'real collective will'.
- Fiction Theory: Often contrasted with the Realist view. Fiction = 'legal convenience'; Realist = 'truly alive'.
Example: A Public Company
- Fiction Theory: A useful lie to allow companies to contract.
- Realist Theory: The company has a mind/will of its own.
- Bracket Theory: The company is just a bracket around its human shareholders.
Memory Hook
- Fiction = Made-up story.
- Concession = State permit.
- Realist = Truly alive.
- Bracket = Humans in parentheses.
- Purpose = Specific mission.
Quick Revision
- Fiction: Administrative convenience (Savigny).
- Concession: State grant (Savigny).
- Realist: Independent collective will (Gierke).
- Bracket: Symbol for beneficiaries (Ihering).
- Purpose: Specific aim (Brinz).