In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person.
According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law. [1]
According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personality, with legal consequences". [2] However, and in addition, the law also gives personality to other entities, formed by groups of people or assets: these are called legal person.
A non-citizen is a natural person
In many cases, fundamental human rights are implicitly granted only to natural persons. For example, the Nineteenth Amendment to the United States Constitution, which states a person cannot be denied the right to vote based on their sex, or Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equality rights, apply to natural persons only. Another example of the distinction between natural and legal persons is that a natural person can hold public office, but a corporation cannot.
A corporation or non-governmental organization can, however, file a lawsuit or own property as a legal person.
Usually a natural person perpetrates a crime, but legal persons may also commit crimes. [3] In the U.S., animals that are not persons under U.S. law cannot commit crimes. [4]
In Germany, legal entities (Rechtssubjekt) such as natural persons (Natürliche Person) have the capacity to be bearers of rights and obligations; they possess legal capacity. The point in time at which this legal capacity begins and ends is disputed in German case law [ de ] and jurisprudence [ de ].
According to section 1 of the German Civil Code (BGB), a person acquires legal capacity on completion of their birth. [5] : § 1 However, in certain conditions, fetuses also have certain legal rights, for example, that of becoming an heir. [5] : § 1923 (2) The question of whether a fetus may have legal capacity as well has been left open by the Federal Court of Justice, although there are indications of a positive response. [6] The German Civil Code grants the fetus, which does not have full legal capacity, essential rights, which are subject to the condition of subsequent live birth. [5] : § 1 The question of whether the fetus can have rights before birth and possibly from the beginning of pregnancy, in particular a right to life, is highly controversial.[ citation needed ]
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings, 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 natural person to hold property, enter into contracts, and to sue or be sued.
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not people: companies and corporations are persons legally speaking, but they are not people in a literal sense.
The abortion debate is a longstanding and contentious discourse that touches on the moral, legal, medical, and religious aspects of induced abortion. In English-speaking countries, the debate has two major sides, commonly referred to as the "pro-choice" and "pro-life" movements. Generally, supporters of pro-choice argue for the right to choose to terminate a pregnancy. They take into account various factors such as the stage of fetal development, the health of the woman, and the circumstances of the conception. By comparison, the supporters of pro-life generally argue that a fetus is a human being with inherent rights and intrinsic value, and thus, cannot be overridden by the woman's choice or circumstances and that abortion is morally wrong in most or all cases. Both the terms pro-choice and pro-life are considered loaded words in mainstream media, which tend to prefer terms such as "abortion rights" or "anti-abortion" as more neutral and avoidant of bias.
The law of Japan refers to the legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Germany, to a lesser extent by France, and also adapted to Japanese circumstances. The Japanese Constitution enacted after World War II is the supreme law in Japan. An independent judiciary has the power to review laws and government acts for constitutionality.
The Bürgerliches Gesetzbuch, abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project.
The Unborn Victims of Violence Act of 2004 is a United States law that recognizes an embryo or fetus in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb."
An eingetragener Verein, abbreviated e.V., is a legal status for a registered voluntary association in Germany. While any group may be called a Verein, registration as eingetragener Verein confers many legal benefits, because it confers the status of a juridical person rather than just a group of individuals. The legal status must be mentioned in the name as well. Like certain other corporate bodies, an eingetragener Verein can apply for the status of a charitable organization.
The law of Germany, that being the modern German legal system, is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code were developed prior to the 1949 constitution. It is composed of public law, which regulates the relations between a citizen/person and the state or two bodies of the state, and the private law, (Privatrecht) which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Justinian Code the Corpus Juris Civilis, and to a lesser extent the Napoleonic Code.
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some legal systems, for those of other associates and business partners.
Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade, the 1973 landmark case that legalized abortion in the United States and was essentially overturned in 2022. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While most international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of some countries.
A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization. Other terms include artificial person, corporate person, judicial person, juridical entity, juridic person, or juristic person. A juridical person maintains certain duties and rights as enumerated under relevant laws. The rights and responsibilities of a juridical person are distinct from those of the natural persons constituting it.
The philosophical aspects of the abortion debate are logical arguments that can be made either in support of or in opposition to abortion. The philosophical arguments in the abortion debate are deontological or rights-based. The view that all or almost all abortion should be illegal generally rests on the claims that (1) the existence and moral right to life of human beings begins at or near conception-fertilization; that (2) induced abortion is the deliberate and unjust killing of the embryo in violation of its right to life; and that (3) the law should prohibit unjust violations of the right to life. The view that abortion should in most or all circumstances be legal generally rests on the claims that (1) women have a right to control what happens in and to their own bodies; that (2) abortion is a just exercise of this right; and that (3) the law should not criminalize just exercises of the right to control one's own body and its life-support functions.
Abortion in Colombia is freely available on request up to the 24th week of pregnancy, due to a ruling by the Constitutional Court on February 21, 2022. Later in pregnancy, it is only allowed in cases of risk of death to the pregnant woman, fetal malformation, or rape, according to a Constitutional Court ruling in 2006.
A voluntary group or union is a group of individuals who enter into an agreement, usually as volunteers, to form a body to accomplish a purpose. Common examples include trade associations, trade unions, learned societies, professional associations, and environmental groups.
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it.
Personhood is the status of being a person. Defining personhood is a controversial topic in philosophy and law and is closely tied with legal and political concepts of citizenship, equality, and liberty. According to law, only a legal person has rights, protections, privileges, responsibilities, and legal liability.
In Islam, human sexuality is governed by Islamic law, also known as Sharia. Accordingly, sexual violation is regarded as a violation of moral and divine law. Islam divides claims of sexual violation into 'divine rights' and 'interpersonal rights' : the former requiring divine punishment and the latter belonging to the more flexible human realm.
Environmental personhood or juridic personhood is a legal concept which designates certain environmental entities the status of a legal person. This assigns to these entities, the rights, protections, privileges, responsibilities and legal liability of a legal personality. Because environmental entities such as rivers and plants can not represent themselves in court, a "guardian" can act on the entity's behalf to protect it. Environmental personhood emerged from the evolution of legal focus in pursuit of the protection of nature. Over time, focus has evolved from human interests in exploiting nature, to protecting nature for future human generations, to conceptions that allow for nature to be protected as intrinsically valuable. This concept can be used as a vehicle for recognising Indigenous peoples' relationships to natural entities, such as rivers. Environmental personhood, which assigns nature certain rights, concurrently provides a means to individuals or groups such as Indigenous peoples to fulfill their human rights.
In French law, a personne physique is a human being who has capacity as a legal person.
- § 1: The legal capacity of a human being begins on the completion of birth.
- § 1923: (1) Only a person who is alive at the time of the devolution of an inheritance may be an heir.
- (2) A person who is not yet alive at the time of the devolution of an inheritance, but has already been conceived, is deemed to have been born before the devolution of an inheritance.