Legal personality: a historical conceptual-theoretical construction to protect fundamental rights
The construction of the concept legal personality has derived into a superlative importance for legal science as it represents a legal protection of fundamental rights for individuals, which must support all legal criteria regarding the separation of assets and the corresponding responsibility. Ther...
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| Formaat: | Artículo de investigación |
| Taal: | spa |
| Gepubliceerd in: |
Instituto de Ciencias Sociales y Administración
2025
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| Onderwerpen: | |
| Online toegang: | http://erevistas.uacj.mx/ojs/index.php/reij/article/view/6983 |
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| Samenvatting: | The construction of the concept legal personality has derived into a superlative importance for legal science as it represents a legal protection of fundamental rights for individuals, which must support all legal criteria regarding the separation of assets and the corresponding responsibility. Therefore, based upon deductive and historical methods, by using techniques upon analysis of documentation and texts, proof the origin since ancient times in Rome, getting stronger in Middle Ages and in the current century, becoming an essential element for the protection of fundamental rights for persons. Contemporary law has created new actors in commerce such as interest groups (stakeholders), beneficiary controllers, and compliance officers among others, who must respect legal personality as a fundamental pillar of human rights protection. Patrimony’s separation between a shareholder and a company has been achieved precisely upon the recognition of legal personality for both persons and therefore the responsibility that each entity must assume. When this is not respected, the legal personality is disrupted and human rights are likely to be affected. The conclusion reached is that this ancient theoretical construction in effect in contemporary law is a sine qua non element for the protection of fundamental rights for an enterprise, |
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| ISSN: | 2448-8739 |