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.
Definitions
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.
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". However, and in addition, the law also gives personality to other entities, formed by groups of people or assets: these are called legal person.
A non-citizen is a natural 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. In the U.S., animals that are not persons under U.S. law cannot commit crimes.
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 [de] and [de].
According to section 1 of the German Civil Code (BGB), a person acquires legal capacity on completion of their birth.: § 1 However, in certain conditions, fetuses also have certain legal rights, for example, that of becoming an heir.: § 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. 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.: § 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
- Legal person
- Personality rights
- Juridical person
- Natural person in French law
- Person (Catholic canon law)
- Great ape personhood
References
- https://bdtcc.unipe.edu.br/wp-content/uploads/2018/12/artigo-thaise-1-1-1-1.pdf Archived 17 October 2021 at the Wayback Machine [bare URL PDF]
- VENOSA, Sílvio de Salvo. Direito Civil: Parte Geral. 5. ed. São Paulo: Atlas, 2005, p. 149.
- Simpson, Sally S (2002). Corporate Crime, Law, and Social Control. Cambridge, UK: Cambridge University Press. ISBN 0-521-58083-8. Archived (PDF) from the original on 7 November 2023. Retrieved 7 November 2023.
- People v. Frazier, 173 Cal. App. 4th 613 Archived 29 July 2017 at the Wayback Machine (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."
- "German Civil Code BGB". Translated by Langenscheidt Translation Service; Neil Mussett. Bonn: Bundesamt für Justiz. 2022. Archived from the original on 18 October 2022. Retrieved 9 December 2022.
- § 1: The legal capacity of a human being begins on the completion of birth.
- § 1923: (1) Only a person who is alive at the time of the devolution of an inheritance may be an heir.
- (2) A person who is not yet alive at the time of the devolution of an inheritance, but has already been conceived, is deemed to have been born before the devolution of an inheritance.
- Zeising, Michael: Der Nasciturus im Zivilverfahren Archived 7 November 2023 at the Wayback Machine [The fetus in civil proceedings] (2004) p. 18; with further sources. (in German)
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 DefinitionsAccording 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 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 However and in addition the law also gives personality to other entities formed by groups of people or assets these are called legal person A non citizen is a natural personLegal consequencesIn 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 CrimeUsually a natural person perpetrates a crime but legal persons may also commit crimes In the U S animals that are not persons under U S law cannot commit crimes By countryGermany 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 de and de According to section 1 of the German Civil Code BGB a person acquires legal capacity on completion of their birth 1 However in certain conditions fetuses also have certain legal rights for example that of becoming an heir 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 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 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 alsoLegal person Personality rights Juridical person Natural person in French law Person Catholic canon law Great ape personhoodReferenceshttps bdtcc unipe edu br wp content uploads 2018 12 artigo thaise 1 1 1 1 pdf Archived 17 October 2021 at the Wayback Machine bare URL PDF VENOSA Silvio de Salvo Direito Civil Parte Geral 5 ed Sao Paulo Atlas 2005 p 149 Simpson Sally S 2002 Corporate Crime Law and Social Control Cambridge UK Cambridge University Press ISBN 0 521 58083 8 Archived PDF from the original on 7 November 2023 Retrieved 7 November 2023 People v Frazier 173 Cal App 4th 613 Archived 29 July 2017 at the Wayback Machine 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 German Civil Code BGB Translated by Langenscheidt Translation Service Neil Mussett Bonn Bundesamt fur Justiz 2022 Archived from the original on 18 October 2022 Retrieved 9 December 2022 1 The legal capacity of a human being begins on the completion of birth 1923 1 Only a person who is alive at the time of the devolution of an inheritance may be an heir 2 A person who is not yet alive at the time of the devolution of an inheritance but has already been conceived is deemed to have been born before the devolution of an inheritance Zeising Michael Der Nasciturus im Zivilverfahren Archived 7 November 2023 at the Wayback Machine The fetus in civil proceedings 2004 p 18 with further sources in German
