Moral personality, legal autonomy, responsibility, corporate law, lifting social veil, legal security, company law, Civil Code, Court of Cassation
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Abstract
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Abstract
The recognition of moral personality gives a group a distinct legal existence, property, and responsibility, but is not without limits, as it can be restricted when used abusively.
Extract
[...] However, this autonomy is not quite absolute. It is framed so that the moral personality remains a tool at the service of the law and not a means of escaping it. Therefore, it embodies the balance between the the necessity of legal fiction and the the reality of judicial control. [...]
[...] What is the real scope of the effects produced by the recognition of moral personality? « Civil personality is not a creation of the law; it belongs, in principle, to any group provided with a possibility of collective expression for the defense of legitimate interests). Through this statement, the Court of Cassation dedicates a realistic approach to moral personality, according to which it is not born solely from a text, but rather from the capacity of a group to express its will and defend different collective interests. [...]
[...] The moral person can contract, possess, receive gifts, employ personnel or even and above all, act in court, notably to obtain compensation for the financial and/or moral damage it has suffered ( [...]
[...] Therefore, the recognition of the moral personality allows for the stabilization of legal relationships. It ensures the continuity of the group, regardless of any changes that may occur regarding its members. The patrimonial autonomy: a property and a proper capacity The moral personality leads to a second fundamental effect: the birth of a distinct property. Furthermore, according to Aubry and Rau's theory, every person necessarily has a property and there is only property of a person. Thus, as soon as a group obtains moral personality, it has a proper property, that is to say, separate from that of its members. [...]
[...] These effects allow the effectiveness of the moral personality, but they also reveal its limitations. In fact, if the moral personality allows the organization of the activities of the society, it can also allow faulty or fraudulent behaviors of the people who compose it. Thus, up to what point can we consider a moral person as an independent legal entity, without losing sight of the human and economic reality that lies behind it? One finds the interest of the subject in this duality. [...]
