d. A natural person is identified by his national identification number and DIAN assigns him an NIT which is the same national identification number with an additional number. A legal entity is identified by the certificate of existence and legal representation, as well as by the NIT assigned by DIAN. Since the 19th century, the legal entity has been interpreted in such a way as to make it a citizen, resident or resident of a state (usually for purposes of personal jurisdiction). In Louisville, C. & C.R. Co. v. Letson, 2 How. 497, 558, 11 L.Ed. 353 (1844), United States The Supreme Court has held that for the purposes of this case, a corporation “is likely to be treated as a citizen [of the State that created it] in the same manner as a natural person.” Ten years later, they reaffirmed Letson`s conclusion, albeit on the slightly different theory that “those who use the company`s name and exercise the powers it confers” should be conclusively considered citizens of the company`s founding state.
Marshall v. Baltimore & Ohio R. Co., 16 How. 314, 329, 14 L.Ed. 953 (1854). These concepts have been codified by law because U.S. jurisdiction laws refer specifically to the corporate headquarters. Critics have argued that this is not necessarily a good thing, as companies have a much larger amount of resources and are therefore better able to defend their rights than most individuals in similar situations. Similarly, critics have argued that companies have used their status as legal entities to protect themselves from government regulation and accountability. The issue of the rights granted to a legal person is controversial and is often fiercely contested in court.
According to Maria Helena Diniz, a natural or natural person is “the person who is considered to be the subject of rights and duties”. Every human being is endowed with legal personality and therefore with a legal subject. [1] Another important difference between a natural person and a legal person is that a natural person has a limited life expectancy. As a rule, a natural person does not live more than about 100 years. A legal person, on the other hand, can live longer than a natural person, because a company can be inherited by the successors of its president or a trust can be maintained for the benefit of generations of people. The business or trust can continue to operate long after the death of the person who founded it. Legal entities are entities such as corporations, corporations (in some jurisdictions), and many government agencies. They are legally treated as if they were people. [4] [6] [7] Brazilian law recognizes any association or abstract entity as a legal entity, but a registry is required by a constitutional document, with specifications depending on the category of legal entity and the local law of the state and city. Below is a list of the individual characteristics of natural and legal persons: Since legal personality is a prerequisite for legal capacity (the ability of any legal person to modify (enter, transfer, etc.) its rights and obligations), it is a prerequisite for signing international treaties in its own name. The District Court granted the organizations` request to dismiss, ruling that tvPA`s approval of this type of lawsuit extended liability only to natural persons, so the organizations themselves (which are considered “legal entities”) could not be prosecuted. Partly on the basis of the principle that legal entities are simply organizations of natural persons, and partly on the basis of the history of legal interpretation of the word “person,” the U.S.
Supreme Court has repeatedly held that certain constitutional rights protect legal entities (such as corporations and other organizations). Santa Clara County v. Southern Pacific Railroad is sometimes cited for this conclusion because the court reporter`s comments included a statement made by the Chief Justice before the hearing began, in which he told counsel during the pre-trial proceeding that “the court does not want to hear any argument as to whether the provision of the Fourteenth Amendment to the Constitution, which prohibits a State from denying the same protection of the law to any person under its jurisdiction applies to such companies. We all think that is the case. In many cases, fundamental human rights are implicitly granted only to natural persons. For example, the Nineteenth Amendment to the U.S. Constitution, which states that a person cannot be denied the right to vote because of his or her sex, or section fifteen of the Canadian Charter of Rights and Freedoms, which guarantees equality rights, applies only to individuals. Another example of the distinction between natural and legal persons is that a natural person may perform a public function, but not a company.
