In Italy, trade unions have legal personality, as stipulated in Article 39(4) of the Constitution: in essence, a foreign legal entity resembles a foreign entity. In America, it refers to an established company that is legally registered to operate in a state or jurisdiction outside of its original location. This term also applies to international expansion and defines the external branch of a company abroad. For small and large businesses, expansion is necessary to increase sales, but setting up a foreign legal entity is not always a viable or understood option. The considerable costs and time required are two obstacles that cause more pain than profit in our volatile business environment. I then examine the implications of this personality and conclude that companies may have explicit and implicit rights and obligations under international law. In lawsuits involving religious entities, the deity (the deity or god is a supernatural being considered divine or holy) is also a « legal person » that can participate in a dispute through a « trustee » or « temple administrative authority. » The Supreme Court of India (SC) ruled in 2010, ruling on Ram Janmabhoomi`s Ayodhya case, that the Rama deity in the respective temple was a « legal person » with the right to be represented by its own lawyer appointed by the administrators acting on behalf of the deity. Similarly, the Supreme Court ruled in 2018 that the deity Ayyappan was a « legal person » enjoying the « right to privacy » in the court case concerning the entry of women into Lord Ayyapan`s Sabarimala Shrine. [22] The term « legal person » is often used in the field of commercial law. There are therefore two types of legal entities: human and non-human.
In law, a human person is referred to as a natural person (sometimes also as a natural person), and a non-human person is referred to as a legal person (sometimes also as a legal, legal, artificial, legal or fictitious person, Latin: persona ficta). A legal or legal person (Latin: persona ficta; also a legal person) has a legal name and has certain legal rights, protections, privileges, responsibilities and obligations, similar to those of a natural person. The concept of a legal person is a fundamental legal fiction. It is relevant to the philosophy of law because it is essential for laws affecting a company (company law). The treatment of persons in foreign territory has been regulated for decades by customary international law and conventions. These rules protect the own citizens of States, when they are in a foreign territory, against the illegal acts of the foreign State. For example, if a citizen of country A lived and did business in the territory of State B and State B illegally confiscated the property and businesses of the citizen of country A, State A may hold State B accountable under international law before the ICJ (see the Diallo case). Whether or not State A takes State B to the ICJ (or any other regional or international court) depends entirely on State A, regardless of the wishes of the citizen. The term legal person (« pessoa jurídica » in Portuguese) is used in case law to refer to a legal person with rights and obligations, which also has legal personality. Its regulations are largely based on the Brazilian Civil Code, where it is clearly recognized and defined, among other things. Since legal personality is a prerequisite for legal capacity (the ability of any legal person to modify (conclude, transfer, etc.) its rights and obligations), it is a prerequisite for an international organization to sign international treaties on its own behalf. Until the expansion of NGOs in the 20th century, non-state actors had no or no legal personality.
Once these entities have become actors, they generally do not acquire personality unless they are granted by the state in a law or contract. In general, international organizations, NGOs and companies were seen as groups of individuals and beneficiaries of international law, rather than as actors on the international stage. [4] However, NGOs in particular have played an increasingly important role in international politics and policy-making in recent decades. [7] It is not known when NGOs really played a role in international politics, but the first note of groups influencing international politics dates back to 1826. [3] In 1911, these groups began to grow and attract attention, and in 1919, Dwight W. Morrow began using the term « NGO. » [3] Until 1943, scientists from various disciplines called these influence groups NGOs. [3] After formal recognition by the UN, NGOs were really able to interact on the international stage. [8] The acquisition of an international personality has been an obstacle for NGOs in the past. In 1910, there was the first convention to confer legal personality, and in 1936, Charles Fenwick was quoted as saying that NGO representation « could be very effective in transcending national boundaries. » [3] In response to changes in global politics, approaches to obtaining and conferring international legal personality have changed several times. [4] These changes have led and will continue to lead to variations and challenges in the sources of international legal personality and the roles played by other international actors.
States were the first to acquire international legal personality, followed by non-State actors (such as multinationals and NGOs) and individuals. [6] The 1986 Vienna Convention on the Law of Treaties between States and International Organizations established the definition of an international organization. The definition excluded non-governmental organizations and established the concept of legal personality. [5] The concept of legal personality for organizations of persons is at least as old as in ancient Rome: a multitude of collegiate institutions enjoyed the advantage of Roman law. The international responsibility of individuals was subsequently upheld by various tribunals, such as the United Nations International Criminal Tribunal for the former Yugoslavia and Rwanda, established in particular by the United Nations Security Council to prosecute those responsible for war crimes, crimes against humanity and genocide under international law. This aggregation of services gives small and large companies the opportunity to develop local contracts abroad without creating a foreign legal entity. This allows your business to hire locally while remaining compliant and effectively entering new markets to successfully expand your reach. Velocity Global units are available in more than 185 countries. We manage risks, such as those listed above, and save you time and money. With FSaaS, you can efficiently manage new hires, perform payroll, and comply with foreign regulations. In some common law legal systems, a distinction is made between a corporation (e.g., a corporation composed of a certain number of members) and a corporation, which is a public office with separate legal personality from the person performing the office (the two entities have separate legal personality).
Historically, most bodies have been exclusively ecclesiastical in nature (for example, the office of Archbishop of Canterbury is a single body), but a number of other public functions are now formed as single bodies. The dynamic state approach fits quite well between the last two approaches.
