Test: Ownership and Legal Personality - CLAT PG MCQ

A natural person is defined as an individual human being who possesses their own legal personality and rights. This concept distinguishes humans from legal entities, such as corporations, which are classified as legal persons.

The Purpose Theory posits that corporations are granted legal personality for specific legal purposes, allowing them to engage in activities that serve social benefits. This perspective emphasizes the necessity of legal recognition for groups to achieve collective goals.

The Fiction Theory suggests that legal personality is a construct created by law, attributing a legal identity to corporations and other entities. This theory highlights the role of law in creating the concept of a legal person, despite the absence of a physical individual behind it.

Legal ownership is recognized by courts of common law and is based on established legal rules. Equitable ownership, on the other hand, is founded on principles of equity and is acknowledged by courts that focus on fairness. This distinction allows for different rights to coexist regarding the same property.

Hoffield's Theory views corporate personality as a means to facilitate legal proceedings involving multiple individuals. It suggests that while only human beings are considered natural persons, juristic personality serves a practical purpose in simplifying legal interactions among groups.

The Realist Theory posits that every group, including corporations, possesses its own distinct personality, will, and capacity for action that transcends its individual members. This view emphasizes the collective nature of organizations in legal contexts.

Animals are recognized as objects of legal rights and can be protected under laws against cruelty, but they cannot have legal duties or rights like humans. This reflects the legal system's focus on human interests.

Beneficial ownership refers specifically to the rights held by a beneficiary in a trust arrangement, where the trustee holds legal ownership but is obligated to manage the property for the benefit of the beneficiary. This concept is crucial in understanding how rights and responsibilities are divided in trust law.

Upon death, an individual loses their legal personality, meaning they no longer have rights or duties. However, the law recognizes certain interests of the deceased, such as their estate, which must be managed according to their will.

A corporation is dissolved when the legal bond uniting its members is severed, meaning that it no longer exists as a legal entity. Unlike natural persons, a corporation can continue to exist independently of its members, even if they change.

Corporeal ownership refers to the ownership of tangible, physical objects that can be perceived by the senses, such as land or machinery. In contrast, incorporeal ownership relates to ownership of intangible rights, such as copyrights or patents. This distinction highlights the different forms that ownership can take within the legal framework.

Juristic personality is the legal recognition granted by the state to artificial entities such as corporations, allowing them to have rights and obligations similar to those of individuals. This concept enables corporations to participate in legal transactions and hold property.

Contingent ownership refers to ownership that is conditional, meaning that it depends on the fulfillment of certain conditions before it can be perfected. This contrasts with vested ownership, where the title is complete and unconditional.

Sole ownership is defined by the fact that ownership is vested in a single individual, meaning that one person has complete control and rights over the property. This contrasts with co-ownership, where ownership is shared among multiple parties.

The legal personality of the state considers it as a distinct entity with rights and responsibilities beyond those of individuals. It is viewed as a collective body that can own property and perform functions essential to society, often represented through the figure of the king or governing body.