Persons Class 4 NAGY, Csongor István.

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Presentation transcript:

Persons Class 4 NAGY, Csongor István

The life of law consits of legal subjects, legal objects, rights and obligations.

Right and obligations James: Rights – receiving monthly wage from Microsoft Obligations – working daily for Microsoft from 8.00-17.00; paying back the debt to Jerry due in 10 days Jerry: Rights – owning a flat in the city; claiming payment from James in 10 days Obligations – paying maintenance to his child; paying the renovation costs of the falt due in 10 days. Microsoft: Rights – using the workfore of James on a daily basis Obligations – paying wage to James

A world of subjects James Jerry Microsoft

Persons as holders of rights/obligations Legal personality: the ability to the holder of rights and obligations. Legal capacity or capacity to act (especially contractual capacity): the ability to influence your rights and obligations with you own acts.

If you have legal personality You may be the owner of something (legal title). You may be a creditor: somebody owes money to you. You may be a debtor.

Who have legal personality? All human beings: general, equal and unconditional. Not having legal personality means being a thing (servi res sunt): person = legal personality. Some organisations (organized groups of persons): partnerships, companies, corporations, foundations, universities, municipalities etc.

Capacity to act If you have legal capacity (capacity to act), you may Conclude a contract Sell your house Buy a car Rent a flat Establish a company

When is your legal capacity restricted (decreased)? Minors: parents Mentally disabled/handicapped Due to age Due to mental illness Have a guardian Under the influence of alcohol/drugs

Legal persons (artificial, moral persons) For-profit entitis Non-profit entities Natural persons

Legal capacity, capacity to act and legal persons A legal person has legal personality: it may be the holder of rights and obligations (owner, debtor, creditor, it may sue and may be sued). Only natural persons have capacity to act (the legal person does not exist, physically). Consequently, it is always a natural person who acts on behalf of the legal person: representative (~ the guardian to the minor).