This document explains the concept of legal personality, its creation, and loss, as well as the capacity of natural and legal persons.
Extract
[...] Like curatorship, certain acts may have nullity 2 years before the decision to place the protected person under guardianship. During guardianship, the protected adult is represented by the guardian for all civil acts (administrative and dispositional acts). The guardian acts on behalf of and for the account of the protected adult, it's not just simple assistance. For small acts of daily life, the protected adult can act alone. III. Legal Entities In law, the company does not exist. Therefore, we distinguish between physical persons (individuals) and legal persons (associations, GIE, companies . [...]
[...] The person who reappears will recover their assets in the state in which they are. In the case of alienated assets sold) one returns the price in equivalent. On the other hand, the marriage remains dissolved. II. The Legal Capacity of Natural Persons General Principle: Full Capacity of Natural Persons Art 414-1 of the Civil Code: "To make a valid act, one must be of sound mind. It is up to those who act in nullity for this reason to prove the existence of a mental disorder at the time of the act" ? [...]
[...] Thus, a legal entity is a group of people or assets having legal personality, i.e. it will have a name, a domicile, a nationality, a patrimony but also a specific responsibility. Elements of Identification 1. The elements of individualization : ? The social denomination (=name) : "Every company must have a name appearing in its statutes" (statute=contract that will create the legal entity). Choice of denomination is free ? The registered office : corresponds to the domicile of the legal entity. [...]
[...] In addition, a legal entity must be registered, for this it goes to the RCS (except for associations which go to the prefecture), located at the registry of the commercial court, which will provide it with a K-BIS that corresponds to the identity document of the company 2. Assets: All the assets and liabilities of a person. The social patrimony corresponds to the patrimony of the company. In a social patrimony there is a social asset and a social liability. The assets include the assets and rights held by the legal entity. In the liabilities, we find the obligations of the legal entity. [...]
[...] Introduction to Law - Legal Personality I. The concept of legal personality Definition of Legal Personality Legal personality refers to the capacity to be the holder of rights and obligations Distinguish the person from the asset : "summa divisio" ? In the sense of law, an animal is a good (Law of February of the Civil Code: animals= living beings endowed with sensitivity BUT remain subject to the regime of goods) Acquisition of legal personality Legal personality is acquired at birth (i.e. [...]
