What do you mean by Person?

Explain the different types of

person. (Reciprocal)

Etymology

The word “person” has multiple meanings.

Person Derived from Latin Word ‘Persona’, which means mask worn by actor during a play
th
before 16 century, later it was used to denoted the actor who played the role. Currently, it is
used to denote entity capable of holding rights and duties.

Meaning

Any entity which holds rights and duties is called person. Law attributes personality to one
who is capable of holding Right and Duties is termed as person. Person is the subject matter
of law.

People in general use the term person to denote individual or human being. But, in the eye of
law, person can be both living and non-living things based on capacity to hold to right and
duties.

Insane, sage, nun, minor etc. are living beings but not person in the eye of law whereas
Limited company, corporation, institution, trust, fund etc. are non-living things recognized as
person in the eye of law.

Definition

 Person is and being whom the law regards as capable of Rights and duties. Any being
that is so capable is a person, whether a human being or not, and no being that is not
so capable is a person, even though he a man. Person are the substances of which right
and duties are attributes.
 “Salmond”
 Person is the subject or bearer of rights.
 “Savigny”
 Person is the subject of Duties as well as rights.
 “Holland’
 Person is not the matter of independent existence. The existence of person is only
based on rights and duties.
 “Kelson’
Here, most of the jurist agrees with the fact that right and duties is important for maintaining
personality.

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Interpretation of Law Act,2010

“Person shall include any company or association or body of individual whether incorporated
or not?”

Legal Provision

-Section 30-41 /42-53 Muluki Civil Code 2074 Nepal

Types of Person:

1. Natural Person

Natural person can be understood as a normal human being who is capable of

holding right and duties or say all the normal human being who is capable of Holding
right and duties is called natural person.

Definitions:

Natural Person is a Human Being, who is regarded by the law as capable person of
right and duties. – Holland

Criteria / Requirement to be a natural person are:

a. Born alive: Living Human Being
b. Status : Capability to hold right and duties

They have both natural and legal capacity. They have unlimited responsibility and
liability. They are independent of function. Natural Person can do everything except
the things prohibited by law. Absence of Perpetual succession. Birth and death of
Natural person is determined by natural process.

Natural Person are represented by definite signature and thumb print. Life expectancy
of natural person is limited.

Legal Provision Relating to Natural Person:

Natural Person: Section 30-41, Civil Code 2074

Nepalese law classify Natural Person into 3 category:

1. Competent Person: Section 32, A person who has completed 18 years old is
said to be competent.

2. Not Competent Person: Section 33, A person who has not completed 10 years
old and below 10 years old is said to be not competent person.

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 3. Quasi- Competent person: Section 34, A person who has completed 10 year old
and is below 18 years is said to be quasi competent.

Examples: All Normal Human being expect insane, sage, nun, minor.

2. Legal Person

Any entity other than human being whom law regards capable of holding right and
duties is called legal person. It is also termed as Artificial Person or Juristic Person or
Fictitious Person.

Definitions:
Legal Person is any entity who holds right and duty recognized by rule of law. –
Salmond
There are many theories, while defining legal person:

Theories of Legal Personality

Theories Central Idea

1. Fiction Theory Legal Person is a Legal Fiction / Legal

Person is an imaginary creation of
Law.

2. Concession Theory Legal Person is created by State.

- Discretion of State
3. Realist Theory Legal person has real existence.

4. Bracket Theory / Symbolic Place bracket around the natural

Theory person associated with legal person
and treat them as single unit.

5. Purpose Theory Legal person is created with some

purpose/goal/objective.

Criteria to be a legal person are:

a) Corpus: Body
b) Animus: Will

Legal person have only legal capacity. They have limited responsibility and liability.
Legal Person can do only such thing which is permitted by law.

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 Perpetual succession is one of the important characteristics of Legal Person.
They are dependent on natural person for their functioning.
It started with registration and ends with termination.

Salmond, Classify Legal Person into:

a) Corporation
b) Trust or Fund
c) Institution

Legal person have definite logo and stamp.

Life expectancy is unlimited, until and unless terminated by law.
Limited company, corporation, institution, association, trust, institution, trust, fund
etc.

Legal Provision Relating to Legal Person:

Legal Person: Section 42-53, Civil Code 2074

Conclusion

Lastly, Person in totality can be understood as any entity attributed with right
and duties in law and categorized into natural and legal person based on the
above mentioned grounds.

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