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

MCQ Traps

Example: A Public Company

Memory Hook

Quick Revision