Abstrakt
The aim of the seventh chapter is to explain how it is possible that a person who - as was shown in the third chapter - cannot be deemed to truly enjoy legal personality can be liable for a wrong and thus be a subject of responsibility (liability). To a certain degree, "legal personality" is associated with the person's "mental capacity" in terms of his or her capacity to bear legal responsibility (liability).
The answer is simple - it can be liable if so stipulated by the applicable laws - the legislation. Indeed, for juristic persons to have the capacity to bear legal responsibility, it is indecisive whether they are capable of making their own unlawful acts; the only decisive aspect is whether such a capacity is attributed to them by law as part of their legal personality.
In actuality, a sovereign legislator is free to determine whether and to what extent a juristic person and the persons representing it shall bear responsibility. In other words, the legislator determines whether a duty arising on the basis of such responsibility (or liability) can be attributed to the juristic person.
At the same time, it is true that potential capacity to bear legal responsibility (or liability) is not sufficient, in itself, to create a certain obligation based on such liability. Indeed, the capacity to be an offender or wrongdoer as such does not suffice for any person to actually become an offender or wrongdoer.
It is necessary in this respect that the legislation also determine the legal ground for the inception of liability for any harm caused. Such a legal ground differs, however, for no-fault and fault-based liability.