Lecture notes
Legal Capacity
- Module
- Institution
Definition of juridical subject and legal capacity. Differences between natural persons and legal entities. Definition of capacity to enter legal transactions.
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4. Lesson 4Tuesday, 18 January 2022 09:24
The purpose of the legal system is to regulate the people’s life in order to satisfy certa
interest, protecting people as individual and as legal persons.
People are at the centre of the legal system: it’s aim is to protect and satisfy their priva
needs, interest…
Kinds of interests:
○ Material ones
○ Non material ones (freedom - essential in modern society)
People are put in the centre in different ways.
In the 19th scholars invented the “juridical subject”: a concept that puts together all e
to deal with rights and the juridical reality, 2 types:
○ Private persons
○ Corporate entities
—> both are juridical subjects, but they are deeply different (different physical consist
Juridical subject= concept that groups different types of entities: people, private comp
organization —> they are all effected by the legal system —> they all ought to have rig
This concept grants order in the society
Which authority decides who is a juridical subjects (and so entitled to rights…)?
Actually no one: history established who are the juridical subjects. During the different
were not always at centre, there was a different idea of people
Ex. In Ancient Rome servants couldn’t have rights, they were objects of right.
Nowadays a person cannot be object of private property.
Also the people considered free in Ancient Rome weren’t at the centre of the leg
prospective wasn’t the people’s one, but it was based on the different situations
objective way to regulate society: given a certain situation you had procedures
Nowadays I am at the centre and I have rights, the judge must recognise my righ
subjective point of view
LEGAL CAPACITY
Legal subjects have a legal capacity= elegibility to be entitled of rights.
For natural persons it occurs when we are born.
For legal entities, they have legal capacity at the moment of their establishments, even
more important resource: under a legal point of view, the company is an artificial crea
brand.
Private companies have rights but different from the human being ones —> due to the
their nature
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