A Physical person, Also called natural person, it is a term with which it refers to every human being with a real and material existence, who has certain responsibilities and rights according to the Constitution and the laws. Examples of natural persons are a professional taxi driver, a teacher, a teenager, a child, a doctor, or a shop owner.
On the contrary, the figure of moral or juridical person is a group of natural persons that the law considers that they act as a single person, being also a subject of law. Individuals can join together to form a legal person for the same purpose. Examples of legal entities are a commercial company, an NGO, a trust or a capital investment company.
On the other hand, natural persons can not only proceed in their own name, but also represent a legal person or another physical person. Both natural and legal persons have the right to sue other parties and sign contracts. They may also be on the receiving end of a lawsuit.
Every natural person is qualified to carry out activities of a commercial nature, provide professional services, work for a salary, own or lease real estate, get married, etc..
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The fundamental difference between a natural person and a legal person is that the physical person has:
On the contrary, the legal person:
The natural person can be classified in different regimes according to their economic activity:
In the case of legal entities, there are two types of regime:
Natural persons have a series of characteristics:
A natural person can only be classified as a real and living human being, an individual who breathes and with a personality of his own..
Generally, you can make your own decisions and have your own opinions, although an individual who is not capable of good judgment will remain a natural person.
A natural person lives for a finite period, which means that at some point they will die. Usually does not live longer than about 80-100 years.
On the other hand, a legal person can last longer than a natural person, because a company could be inherited by the descendants of its president, or a trust could be extended for the benefit of generations of people.
Trusts or corporations can continue to function long after the natural persons who established them have passed away..
A natural person could also be considered as a legal person, being able to exercise the functions of both figures. On the other hand, a legal entity may only carry out its functions through natural persons..
The distinctive of natural person is obtained at the moment in which one is born alive, after having produced the complete detachment of the mother's womb.
That is, from birth the human rights of a natural person are acquired. However, the legal duties or obligations of a natural person are obtained from the age of majority.
By the simple fact of being born and existing, a human being is granted a series of attributes granted by law, which in turn end with his death. Therefore, in a state of law, it is enough to be alive to be protected by the law..
Physical persons are individuals of material and real existence with capacity and personality. In addition, they have a set of attributes of their own, such as:
The main reason for the removal of a natural person is due to the individual's own death. In addition, it may occur that the rights of a natural person are extinguished upon the presumption of death, by accident or absence of the individual.
By considering the basics, a natural person is guaranteed a set of basic human rights, including life, liberty, and the pursuit of happiness. Of course, the human rights of a natural person also include the ability to marry, vote or hold public office..
Most of the human rights of a natural person come into effect when the person reaches the age of 18. This is an easy place to see the difference between a natural and a legal person, since a legal person does not have the right to marry, vote or run for office.
The question of whether an unborn fetus is considered a natural person, with all the protections and rights associated with that status, has been a hot topic for a long time..
This problem is commonly known as fetal rights, and addresses not only the right to life or anti-abortion issues, but also protections related to the health and safety of the child from conception to birth..
This is a complicated problem, as some people try to establish a fetal age at which the baby can be considered "viable." Others claim that the baby has the right to life and protection from the moment of conception.
In the 1970s, Azzam Rahim immigrated to the United States and eventually became a citizen of this country. In 1995, while visiting the West Bank, Rahim was arrested by Palestinian Authority intelligence agents. He was imprisoned in Jericho, where he was tortured and eventually killed..
The following year, the US State Department issued a report that concluded that Rahim had died while in the custody of officers..
In 2005, Rahim's relatives filed a lawsuit against the Palestinian Authority and the Palestine Liberation Organization, citing allegations of torture and extrajudicial executions, under the 1991 Torture Victims Protection Act (TVPA).
The district court granted the motion to dismiss the organizations, holding that the authorization of this type of lawsuit only subdued the responsibility of natural persons, so that these organizations, considered as legal entities, could not be sued..
The appeals court for the District of Columbia Circuit upheld the district court's decision for the same reasons..
Rahim's relatives presented a review order, which was granted by the Supreme Court, to question whether the TVPA could really authorize the filing of lawsuits against organizations that could not be defined as natural persons..
The Supreme Court of the United States finally agreed with both lower courts, and held that the term "individual" only refers to natural persons. Furthermore, the Court held that TVPA does not allow liability to be imposed against any organization. Specifically, the court wrote:
The ordinary, everyday meaning of "individual" refers to a human being, not an organization, and Congress does not use the word differently..
The Dictionary Law defines "person" to include certain legal entities, as well as individuals, thus marking "individual" as distinct from legal entities..
Moral person.
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