Definition of legal status - What it is, Meaning and Concept

The legal personality or legal personality is the recognition of a human being , an organization , a company or another type of entity to assume an activity or obligation that produces full responsibility from the legal point of view, both in front of itself and with respect to others.

Throughout history there have been many theories and scholars who have approached the term that we are now analyzing.If, for example, among those stand out the theory of Kelsen, carried out by the Austrian jurist who gives it its name and that it raises a differentiation between moral and physical persons, or organicist theory.The latter stands out because it establishes that legal persons are living realities.

The regulation of legal status depends on each nation.At the general level, it can be said that legal status does not always have to coincide with the physical person : it is a broader notion that It includes those actions developed by entities that have full legal validity.

The legal person , therefore, is a subject of rights and obligations that can be created by one or more physical persons.A legal person, in this way, can act as a subject of law and take legal action.

The legal status is born from a legal act (known as an act of constitution) that includes recognition by an administrative body or an authority.It is customary for such constitutive act to include the registration of the person in a public record.

When talking about any legal entity, it is also established that it must have a series of bodies that are responsible for directing it, developing its actions and thus achieving the objectives and results that have been established.Specifically, between The most common bodies that exist are the Board of Directors, which is responsible for managing and also representing that, or the Board of partners.

And all this without forgetting that any legal entity must have a statute that will be the document that will establish its own rules of operation.

In addition to all of the above, we must underline that it is advisable for social organizations to establish themselves as legal entities, and that is how legal acts may be undertaken in their representation and name.

However, not only for this reason but also for the fact that they may request a series of tax exemptions such as profits, which are gross income and also VAT (Value Added Tax ).

The criminal liability associated with a offense did not usually lie with a legal person, but applied to the physical persons who were behind.In that case, the legal person I was only responsible for the damages and losses, since I had civil and not criminal responsibility.

There are currently laws that contemplate the criminal punishment of the legal person.Although obviously all kinds of penalties cannot be imposed, some criminal sanctions if they are adequate, such as disqualifications for economic crimes.In any case, criminal responsibility depends of the legal system of each territory.