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about the role of such theories in discourse about corporate law and cor- porate activity. Much of the . See Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REv. 173, 174 (1985). . Critical Appraisal]; Dewey, The Historic Background of Corporate Legal Personality, 35 YALE L.J.
For criticism of Von Gierke see F Hollis Corporate Personality. A Study in. Jurisprudence (Oxford University Press, London, 1930) Part III – I The Theory of the Reality of Corporate. Persons: Otto von Gierke – "he confuses the juristic interpretation of social facts with their intrinsic social character" (164). For cogent modern
He has defined this theory as “the non-recognition of the juridical personality of a commercial corporation in a concrete case, which allows said legal entity to reach natural or juridical persons behind the same, including the underlying economic reality, in order to apply them the corresponding positive law for the concrete.
personality. Although this doctrine has been legally acknowledged, it is often describes as an 'essentially a metaphorical use of language, clothing the formal group with a single separate legal entity by analogy with a natural person' (Farrar, 1991). Majority of the theories on corporate personality contended that the legal
tism: New Industrial Policy and the 'Essence' of the Legal Person,' 36 American Journal of Comparative. Law 130 (1988). For a comprehensive review of various theories of corporate personality (before 1930), see Frederick Hallis, Corporate Personality: A Study of Jurisprudence, (Oxford University Press; 1930). 2
Corporate personality. The legal use of the word 'person' has attracted an assortment of theories which is probably second to none in volume. 'Person' in law, is both the recognition of an entity as well as the acknowledgement of such an entity's rights and interests. Granting of 'personhood' states then enables an entity to
This thesis aims to rescue the tradition of corporation theory from the implications of ontological and ethical individualism, which form important tenets of mainstream political theory. My argument for corporate personality builds on the Lockean and. Humean theory of personal identity over time. According to this theory,
One opponent of this doctrine ironically propounds the question whether a marriage with a legal person is valid.6 Of course, in the hands of most writers, this reality theory of corporate personality is much more refined. For instance, Gierke himself has a much less anthropomorphic conception of the corporate organism.
personality. But it must be stated that the term personality has a far wider connotation in law and includes Gods, angels, idols. 204 and corporations. 205 etc, although they are not human V Saloman (1987) AC 22. 206 Dr. Paranjape N.V. on Studies in Jurisprudence, legal theory 4rth Ed.(Reprint 2006) Page 314. 207 Ibid
The project revolves around the concept of theories of legal personality. It is aimed at getting an insight into intricacies of legal personality, emphasis being laid on the theoriesabout various legal personality theories, its special attributes and rules of termination. The project has also thrown light upon the lifting the view of
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