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Persons

      PERSONS 


Persons can be generally defined as the living human beings. They have their rights and duties. There are two kinds of persons in law. They are natural persons and artificial persons. We are going to see an brief account on this topic in this essay. Salmond defines a person as any being whom the law regards as capable of rights or duties. Gray defines a person as an entity to which rights and duties may be attributed. Any being which can hold any right or duty whether it is a human being or not is a person in law. 


Kinds of persons: 

Natural Persons: 

A natural person is a living human being. All human beings do not necessarily possess legal personality. For example, slaves in ancient times, infants and lunatics in the present days. 

Legal persons: 

It is any entity or subject matter to which the law attributes legal personality. Generally legal personality is granted to all human beings living within the territory of the State. The law creates legal person by personifying some real thing, but personification does not always signify legal personality. 

Legal personality is an artificial creation of law. All human beings do not possess legal personality. For example, in Roman law, slaves did not possess any legal personality. Similarly, minors and lunatics possess only a limited legal personality, but others enjoy complete legal personality. According to Austin, human beings who have rights are not person. The term person denotes the conditions or status of men in the eye of law. 

Mainly the artificial persons said here are the companies and firms that are legally registered. They have a separate identity because in companies even if all the members are not there the company will be there. And the company has its own properties and dealings, if it is in owners or some other persons name, then it will become difficult if the person is not available or not exist. 

Double capacity and double personality: 

A man can act in different capacities. If a man is employed in an organization as an officer or an executive or an agent etc., then by virtue of such employment, he can act in the official capacity. However, he cannot use such official powers of capacity in his private capacity. For example, a director of a company as director he has certain rights and duties which he cannot use in his private capacity. This type of exercising different capacities by a person is called ‘double capacity’. 

Now we can see about double personality. Though a man can have double capacity, he cannot have a double personality. By using double capacity, he cannot file a case against himself. Similarly, he cannot be a contracting party on both sides of a contract and even if any such contract is entered by taking the role of double personality, it is void. Since the rules applied to double personality transactions are very strict and rigorous, some exceptions were made which are: 

  1. A creditor can be a debtor’s executor

  2. If the other contracting parties are a group of persons like association, clubs etc., then the first contracting party can be a member in such group. 

  3. For use of objects a person can convey a thing to himself as the “Statute of uses”
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