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Theories of legal entities and their evolution

Publication at Faculty of Law |
2014

Abstract

This article aims to explain the evolution of theories of legal entities from its beginnings to the present. The basis of the current concept of legal persons is sometimes mistakenly considered in Roman law.

Nevertheless, the concept originated much later, in the 19th century. Modern conceptions of legal person are connected with F.

C. Savigny, who is also associated with the theory of fiction.

His theory is, however, only one of many so-called "classical theories" of legal persons which originated during the 19th century. Specifically, we can name Gierke's theory of real union personality, R. v.

Ihering's interest theory, and E. Bernatzik's combined theory.

These theories are still important because they constitute the basis on which vast majority of contemporary theorists continue their works. A fundamental step forward for the concept of a person in a legal sense was legal normativism.

It stops searching for "substratum" of legal person; on the other hand, legal normativism considers legal person as a mere personification of legal norms. The second half of the 20th century is characterized by a plurality of approaches and methods; it can be demonstrated on concepts of Rolf Ostheim, Fritz Rittner, Gunther Teubner, Thomas Raiser, Jerzy Wróblewski, as well as authors who boosted postmodern approaches in legal science.

In the last part of this article the author attempts to draw analytical conclusion of a person in a legal sense, legal entity respectively, from the current law.