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Chapman J quoted from Sanders v Roselawn Memorial Gardens, Inc. [2] that the "fiction" of separate legal personality, . should be disregarded when it is urged with an intent not within its reason and purpose, and in such a way that its retention would produce injustices or inequitable consequences.
The term juridical person ("pessoa jurídica" in Portuguese) is used in legal science for designating an entity with rights and liabilities which also has legal personality. Its regulations are largely based on Brazil's Civil Code, where it is distinctly recognized and defined, among other normative documents.
The two main consequences of allowing separate personality are that one partnership will be able to become a partner in another partnership in the same way that a registered company can, and a partnership will not be bound by the doctrine of ultra vires but will have unlimited legal capacity like any other natural person.
Artificial personality, juridical personality, or juristic personality is the characteristic of a non-living entity regarded by law as having the status of personhood. A juridical or artificial person ( Latin : persona ficta ; also juristic person ) has a legal name and has certain rights, protections, privileges, responsibilities, and ...
Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings (like owners, managers, or employees), has at least some of the legal rights and responsibilities enjoyed by natural persons. In most countries, a corporation has the same rights as a ...
Adherents to the theory spell the term "Capitis Diminutio", and claim that capitis diminutio maxima (meaning, in Roman law, the loss of liberty, citizenship, and family) was represented by an individual's name being written in capital letters, hence the idea of individuals having a separate legal personality. [13]
However, the separate legal personality was not confirmed under English law until 1895 by the House of Lords in Salomon v. Salomon & Co. [9] Separate legal personality often has unintended consequences, particularly in relation to smaller, family companies. In B v.
The Law Commission report on partnership law LC283 suggested that creation of separate legal personality should be left as an option for the partners to decide upon when a partnership is formed. There were concerns that automatically making partnerships separate legal entities would restrict their ability to trade in some European countries and ...