This idea is now established in Indian law. “A juristic entity or person is one in whom the law reposes rights or duties in its own name. A company is a juristic person, who can hold or deal with property in its own name,” Senior Advocate Sanjay Hegde said.
What is a juristic person and examples?
A juristic person has a seperate legal personality from the persons who created it. Thus for example, a company can sue in its own name; a mutual society would have rights and obligations seperate from its members; A university could have duties towards its employees…etc.
What is a juristic person in law?
Juristic Person means a body of persons, a corporation, a partnership, or other legal entity that is recognized by law as the subject of rights and duties; Sample 1.
Is Temple a juristic person?
The Britishers conferred on deities the ownership of the wealth of the temple with the Shebait or manager only acting as trustee. In this case, the court held that the deity, in Hindu Law, has been given the status of a legal or juristic person and is vested with the capacity of receiving gifts and holding property.
Is a company a juristic person?
A company is defined in section 1 of the Companies Act as a juristic person incorporated in terms of the Act and in terms of section 19(1)(b) of the Companies Act, a company is a legal person with separate legal personality.
Is a school a juristic person?
In terms of section 15 of the Schools Act, a public school is a legal person (“juristic person”) with legal capacity to perform its functions under the Act. According to its legal personality, the school is a legal subject and has the capacity to be a bearer of rights and obligations.
Are universities juristic persons?
All human beings are referred to as natural persons and are thus legal subjects. Juristic persons, however, can be defined as certain associations of natural persons, such as companies and universities. 3 They are viewed as entities and are also considered to be “persons” and thus legal subjects in terms of the law.
Which of the following is juristic person?
Legal persons have rights and co-relative duties; they can sue and be sued, can possess and transfer property. Since they’re voiceless, this is mostly done through guardians and representatives. Gods, corporations, rivers, and animals, have all been treated as juristic persons by courts.
What does juristic mean?
Definition of juristic
1 : of or relating to a jurist or jurisprudence juristic thought. 2 : of, relating to, or recognized in law juristic theory.
Can a juristic person be a citizen of India?
1963 S.C. 1811, it was held that the word “Citizen” is intended to refer only to natural persons. Therefore, a juristic person like a company can not claim the status of citizenship for the purpose of invoking fundamental rights under Part III under the Constitution.
Is idol is a juristic person?
NEW DELHI: God or ‘Supreme Being’ may be omnipresent, omniscient and omnipotent but has no juristic personality, but an idol, worshipped by believers as a physical incarnation of God, is a juristic personality, the Supreme Court has said. “Legal personality is not conferred on the Supreme Being.
Is Guru Granth Sahib a juristic person?
guru granth sahib is a juristic person but cannot be equated with an “idol”, said the court, adding: “idol worship is contrary to sikhism.
What is a juristic entity?
Juristic entity: Includes corporations or other non-human entities created by law and given certain legal rights.
What is a non juristic person?
A non-juristic person can neither sue nor be sued for want of capacity.
What is difference between natural person and juristic person?
In law, a human person is called a natural person (sometimes also a physical person), and a non-human person is called a juridical person (sometimes also a juridic, juristic, artificial, legal, or fictitious person, Latin: persona ficta).
Is a partnership a juristic person?
Unlike trusts, companies and close corporations, which are considered ‘legal or juristic persons’, a partnership is not, and there are no formalities required in order to set up a partnership.
Is a governing body a legal entity?
The governing body is a corporate entity and its power and authority rests with the body as a whole.
What role does the SGB play in a school tribunal?
The SGB is responsible for creating and adopting a code of conduct. However, as stated in Section 8 of the Schools Act, the SGB should only do so after consulting with learners, parents and educators. This gives effect to the principle of participatory democracy, by including the various rights-holders in the process.
What is a juristic person in South African law?
A juristic person is a social entity, a community or an association of people which has an independent right of existence under the law. It can be ‘the bearer of judicial capacities and subjective rights,’ and the accompanying legal entitlements and obligations, just like a natural person.
Is the state a juristic person?
plain meaning of ‘the State’ as it appears in s 11(b) of the Act is that of a juristic person, capable of suing in its own name for what is due to the treasury. 8 It is being referred to in its incarnation as government, going about government business and recovering monies due to treasury.
What is natural person and juridical person?
A natural person is a human being. A juridical person is an entity to which the law attributes personality, such as a corporation or a partnership. The personality of a juridical person is distinct from that of its members.
