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In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individualhuman being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person.
According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law.[1]
According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personality, with legal consequences".[2] However, and in addition, the law also gives personality to other entities, formed by groups of people or assets: these are called legal person.
Legal consequences
In many cases, fundamental human rights are implicitly granted only to natural persons. For example, the Nineteenth Amendment to the United States Constitution, which states a person cannot be denied the right to vote based on their sex, or Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equality rights, apply to natural persons only. Another example of the distinction between natural and legal persons is that a natural person can hold public office, but a corporation cannot.
A corporation or non-governmental organization can, however, file a lawsuit or own property as a legal person.
Crime
Usually a natural person perpetrates a crime, but legal persons may also commit crimes.[citation needed] In the U.S., animals that are not persons under U.S. law cannot commit crimes.[3]
By country
Germany
In Germany, legal entities (Rechtssubjekt) such as natural persons (Natürliche Person) have the capacity to be bearers of rights and obligations; they possess legal capacity. The point in time at which this legal capacity begins and ends is disputed in German case law [de] and jurisprudence [de].
According to section 1 of the German Civil Code (BGB), a person acquires legal capacity on completion of their birth.[4]: § 1 However, in certain conditions, fetuses also have certain legal rights, for example, that of becoming an heir.[4]: § 1923 (2) The question of whether a fetus may have legal capacity as well has been left open by the Federal Court of Justice, although there are indications of a positive response.[5] The German Civil Code grants the fetus, which does not have full legal capacity, essential rights, which are subject to the condition of subsequent live birth.[4]: § 1 The question of whether the fetus can have rights before birth and possibly from the beginning of pregnancy, in particular a right to life, is highly controversial.[citation needed]
^VENOSA, Sílvio de Salvo. Direito Civil: Parte Geral. 5. ed. São Paulo: Atlas, 2005, p. 149.
^People v. Frazier, 173 Cal. App. 4th 613 (2009). In this case, the California Court of Appeal explained: "Despite the physical ability to commit vicious and violent acts, dogs do not possess the legal ability to commit crimes."
^ abc"German Civil Code BGB". Translated by Langenscheidt Translation Service; Neil Mussett. Bonn: Bundesamt für Justiz. 2022.
§ 1: The legal capacity of a human being begins on the completion of birth.
§ 1923: Only a person who is alive at the time of the devolution of an inheritance may be an heir.
^Zeising, Michael: "Der Nasciturus im Zivilverfahren" [The fetus in civil proceedings] (2004) p. 18; with further sources. (in German)
March 18, 2023
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This article may be expanded with text translated from the corresponding article in German October 2014 Click show for important translation instructions View a machine translated version of the German article Machine translation like DeepL or Google Translate is a useful starting point for translations but translators must revise errors as necessary and confirm that the translation is accurate rather than simply copy pasting machine translated text into the English Wikipedia Consider adding a topic to this template there are already 9 737 articles in the main category and specifying topic will aid in categorization Do not translate text that appears unreliable or low quality If possible verify the text with references provided in the foreign language article You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation A model attribution edit summary is Content in this edit is translated from the existing German Wikipedia article at de Naturliche Person see its history for attribution You should also add the template Translated de Naturliche Person to the talk page For more guidance see Wikipedia Translation In jurisprudence a natural person also physical person in some Commonwealth countries or natural entity is a person in legal meaning i e one who has its own legal personality that is an individual human being distinguished from the broader category of a legal person which may be a private i e business entity or non governmental organization or public i e government organization Historically a human being was not necessarily considered a natural person in some jurisdictions where slavery existed subject of a property right rather than a person Contents 1 Definitions 2 Legal consequences 3 Crime 4 By country 4 1 Germany 5 See also 6 ReferencesDefinitions EditAccording to Maria Helena Diniz an individual or natural person is the human being considered as a subject of rights and obligations Every human being is endowed with legal personality and therefore is a subject of law 1 According to Silvio de Salvo Venosa legal personality is a projection of the intimate psychic personality of each person it is a social projection of the psychic personality with legal consequences 2 However and in addition the law also gives personality to other entities formed by groups of people or assets these are called legal person Legal consequences EditIn many cases fundamental human rights are implicitly granted only to natural persons For example the Nineteenth Amendment to the United States Constitution which states a person cannot be denied the right to vote based on their sex or Section 15 of the Canadian Charter of Rights and Freedoms which guarantees equality rights apply to natural persons only Another example of the distinction between natural and legal persons is that a natural person can hold public office but a corporation cannot A corporation or non governmental organization can however file a lawsuit or own property as a legal person Crime EditUsually a natural person perpetrates a crime but legal persons may also commit crimes citation needed In the U S animals that are not persons under U S law cannot commit crimes 3 By country EditGermany Edit In Germany legal entities Rechtssubjekt such as natural persons Naturliche Person have the capacity to be bearers of rights and obligations they possess legal capacity The point in time at which this legal capacity begins and ends is disputed in German case law de and jurisprudence de According to section 1 of the German Civil Code BGB a person acquires legal capacity on completion of their birth 4 1 However in certain conditions fetuses also have certain legal rights for example that of becoming an heir 4 1923 2 The question of whether a fetus may have legal capacity as well has been left open by the Federal Court of Justice although there are indications of a positive response 5 The German Civil Code grants the fetus which does not have full legal capacity essential rights which are subject to the condition of subsequent live birth 4 1 The question of whether the fetus can have rights before birth and possibly from the beginning of pregnancy in particular a right to life is highly controversial citation needed See also EditLegal person Personality rights Juridical person Person Catholic canon law Great ape personhoodReferences Edit https bdtcc unipe edu br wp content uploads 2018 12 artigo thaise 1 1 1 1 pdf bare URL PDF VENOSA Silvio de Salvo Direito Civil Parte Geral 5 ed Sao Paulo Atlas 2005 p 149 People v Frazier 173 Cal App 4th 613 2009 In this case the California Court of Appeal explained Despite the physical ability to commit vicious and violent acts dogs do not possess the legal ability to commit crimes a b c German Civil Code BGB Translated by Langenscheidt Translation Service Neil Mussett Bonn Bundesamt fur Justiz 2022 1 The legal capacity of a human being begins on the completion of birth 1923 Only a person who is alive at the time of the devolution of an inheritance may be an heir Zeising Michael Der Nasciturus im Zivilverfahren The fetus in civil proceedings 2004 p 18 with further sources in German Retrieved from https en wikipedia org w index php title Natural person amp oldid 1144506028, wikipedia, wiki, book, books, library,
