One opponent of this doctrine ironically propounds the question whether a marriage with a legal person is valid. It is intended to make the teaching and learning process a more interactive and productive endeavor. Just like a juristic person a company is an entity different from its members, having its rights and duties and having a perpetual succession. Theories of personality 11th edition rent 9785652958. About the nature of their personality different theories have been advanced. Oct 20, 2019 to answer this question, many prominent theorists developed theories to describe various steps and stages that occur on the road of personality development. Personality an individuals characteristic pattern of thinking, feeling, and acting, across time and situations.
What you do in one situation will not always work in another. Limited liability and theories of the corporation larry e. Description download theories on corporate personality comments. Theoretical systems evolve as people try to account for individual differences in behavior. Jan 01, 2008 campbell traces the cultural evolution of personality from these theories to modern times. To answer this question, many prominent theorists developed theories to describe various steps and stages that occur on the road of personality development. Has the common law received the fiction theory of corporations. The transplantation ofthe legal discourse on corporate. This research paper essentially seeks to study and criticise the different theories of corporate personality considering the jurisprudential conflicts.
It is the theory that compares cooperative relations between people with the cooperative relations between the stages of one person. Mar 12, 2020 download theories on corporate personality. Theories of corporate personality essay 4404 words cram. Corporate personality is a concept in christian theology that was articulated by h. The fiction theory of corporation is said to be promulgated by pope innocent iv 12431254. Theories of personality view of the causes and motives underlying personality and personality development 1. The principle of lifting the corporate veil has found statutory recognition in certain provisions like sections 45, 147, 212, 247 and 542 of the companies act. In this research paper the authors have gone through various books and internet sources to present all the theories of corporate personality in one concentrated form. The principal objective of our research is to study and criticise the different theories of corporate personality and the concepts under it. Personality changes little after about the age of 30 normal adult extension of the sense of selfautonomous interests warm human interactions emotional security and selfaccepting realistic perception, skills and assignments selfobjectification with insight and humor unifying philosophy of life highest level of personality integration. Generating explanations for human behavior has been a pastime since the beginning of time.
My goal in this essay is to consider how theories of the corporation have developed and changed over the last hundred and fifty years. Several factors make the discourse on corporate personality theories particularly interesting. The aim is to propose a new jurisprudential approach towards corporate personality which draws on the strength of the two theories while avoiding their pitfalls. There are many writers who argue that a corporation has a physical existence having its own will or mind.
The first objective of the present article is thus to elucidate the legal mechanisms through which the eminently legal concept of the corporation is capable of generating two seemingly contradictory 8 max radin, supra note 2. As originally formulated, it dealt with areas of the old testament where the relationships between individuals and the groups that they were part of were treated. The transplantation of the legal discourse on corporate. Corporate personality is an entrenched legal principle of the english company law. Personality and its theories welcome students to your todays lesson on personality. The acceptance of the corporate personality of a company basically means that another nonhuman entity is recognized to assume a legal entity. Theories of corporate personality free download as word doc. Law courts have, in exceptional cases, cracked the shell of corporate personality and have looked upon a corporation. On the other hand, there are jurists who consider the personality of a corporation a mere myth or fiction. Corporate personality is the recognized idea with the accordance in law that a company is interpreted and known to be an existing single legal entity on its own as it can stand alone away from division of its body members. Theories, objectives and principles of corporate insolvency. Jurisprudence notes theories of juristic personality or corporate personality. Based on this survey, i offer some observations about the role of such theories in discourse about corporate law and corporate activity.
It is intended to make the teaching and learning process a. The discourse focused on three theories of corporate legal personality that were played against each other. Most of the objections which have been so strongly urged in. The personality refers to the distinct traits, thoughts, feelings, actions and characteristics of an individual that differentiates him from other individuals. This theory is based on the belief that man is encouraged more by. Dec 30, 20 the acceptance of the corporate personality of a company basically means that another nonhuman entity is recognized to assume a legal entity.
The fiction, concession, symbolist and purpose theories supported the contention that existence of corporation as a legal person is not real. Theoretical systems evolve as people try to account for individual differences in. Theories of corporate personality corporations the crown. Theories of corporation there are many theories of corporate personality. This thesis aims to rescue the tradition of corporation theory from the implications of ontological and ethical individualism, which form important tenets of. Each dwarf has a distinct and dominant personality trait. Different jurists propounded different theories to explain the nature of corporate personality, but the bestknown theories of a corporate personality are as follows 1 fiction theory. Development of the corporate personality inventory. Theories in company law are in no small measure great each trying to explain the corporate personality.
Jun 09, 2010 the respective advantages and limitations of the theories approaches are then identified. Theories of corporate personality essay 4403 words. Corporate personality is one of the characteristic of the company under which company is said to be a legal or artificial person. But, in exceptional cases, that veil of corporate personality can be lifted. These theories could be either political which talks about the relationship between the state and group residing within the state or it could be a philosophical explanation which is pertaining to existence of those persons. The fourth edition is theoryoriented and has been reorganized into four parts examing theories of psychodynamics, personality structure, growth and perceived reality, and learning. Report theories on corporate personality please fill this form, we will try to respond as soon as. The historic background of corporate legal personality yale law. These involve the fiction, concession, real entity, nexus of contract, aggregate and corporate social responsibility theories, inter alia.
Simply, the personality is the typical behavior of a person in which he responds to the given situations. The respective advantages and limitations of the theories approaches are then identified. Iv theories of property jurists have differed in their views regarding the origin of the property. These involve the fiction, concession, real entity, nexusofcontract, aggregate and corporate social responsibility theories, inter alia. Personality development has been a major topic of interest for some of the most prominent thinkers in psychology. The following are theories of property 1 natural law theory grotius, pufendorf, locke and blackstone are supporters of. For contractualist theories, the core virtue is justice. The doctrine of lifting the corporate veil is invoked when the corporate personality is found to be opposed to justice, convenience or interest of revenue. In our earlier section we have appreciated the need for understanding the individual factors like personality to appreciate and comprehend ones behaviour in the context of organizations. From german codification to british political pluralism and american big business, 63 wash. Rent theories of personality 11th edition 9785652958 and save up to 80% on textbook rentals and 90% on used textbooks. It also includes new chapters on eysenck, bandura, kelly, and social learning theories. It was rare for legal discourse in that era to have such a dimension.
We have some theories that explain an individuals personality. A theory is a simple model of reality that helps us understand, explain, predict and deal with reality. Law courts have, in exceptional cases, cracked the shell of corporate personality and have looked upon a corporation and its members from a different point of view. Personality and its theories management consulting courses. Reconceptualizing the theory of the firm from nature to. Until the sixth century the word was used to denote the part played by a man in life. Ribstein,limited liability and theories of the corporation, 50 md. Corporate theory is currently in what has been phrased the neoclassical period, in which variants of all three major theories of corporate personality are. Jurisprudence theories of legal personalities law notes by vijay. Theories of personality, 10th edition solutions manual and test bank by richard m. Theory of corporate personality international journal of science. A the fiction theory according to some jurists, a corporation has a fictitious personality.
Jurisprudence notes theories of juristic personality or. First, it is shown that corporate personality is a political theory. In the study of jurisprudence, the separate legal personality of corporation is based upon theories, which. The first objective of the present article is thus to elucidate the legal mechanisms through which the eminently legal concept of the corporation is capable of generating two seemingly contradictory 8. Many theories have been put forward to explain the origin of property and give justification. Majority of the principal jurisprudence theories on corporate personality contended that the legal entity of the corporation is artificial. According to kelsen, personality is only a technical personification of a complex of norms, a focal point of imputation which gives unity to certain complexes of rights and duties. Theory of corporate personality naveen singh thakur1, divya singh2 1, 2post graduate, llm corporate laws, chandigarh university, punjab, india abstract. These theories have either a political undertone in so far as they attempt to project the nature of relationship between the state and the groups existing within the. France and germany against the fiction theory of corporate per.
It is often credited with the principle of separate legal entity of the corporation distinct from the members. In the study of jurisprudence, the separ ate legal personality of corporation is based upon theories, which. Theories of corporate personalities legal service india. Pdf theories on corporate personality free download pdf. The history of personality theory and assessment 5 the environment in which a child is raised determines intelligence, temperament, and other personality characteristics of that child. They also believed that personality is the subjective possibility of a rightful will.
There are various theories which are developed to show the nature of personality. These theories are mostly constructed by scholars in the us and uk in their pursuit of finding the objective of corporate insolvency law. You do not need to be a psychologist to speculate about personality. Our personalities make us unique, but how does personality develop. Theory of corporate personality naveen singh thakur1, divya singh2 1, 2post graduate, llmcorporate laws, chandigarh university, punjab, india abstract. The fiction theory claimed that the entity of corporation as a legal person is merely fictitious and only exist with the intendment of the law.
There are five principal theories, which are used to explain corporate personality, namely, the fiction theory, realist theory, the purpose theory, the bracket theory and the concession theory. You must use your judgment to decide the best course of action and the leadership style needed for. See ron harris, the transplantation of the legal discourse on corporate personality theories. Second, it had intensity over a shortand welldefinedperiod oftime. Corporate sole and corporate aggregate are treated as persons by law. Theories of corporate personality law treats a corporation aggregate and a corporation sole as persons. In this essay, these theories are viewed through the prism of critical analysis. Theories of personality duane schultz the american university brookscole publishing company monterey, california a division of wadsworth publishing company, inc. The classic models provide a direct or indirect basis for much contemporary research and application. Campbell traces the cultural evolution of personality from these theories to modern times.