Theories of corporate personality - download as word doc (doc / docx), pdf file (pdf), text file (txt) or read online. 1 the fiction theory this theory, which found favour with salmond and holland, holds that a personality is attached to groups and institutions by a pure legal fiction, and this personality is distinct from the personality of the individual beings an idol is a legal person because the law describes it as such. The paper deals with the concept of the separate legal entity of a corporation which is separate from its shareholders or its directors the concept is looked at form the point of view of the origin of the separate identity of a corporation and the need for such a distinction along with the capacity and liability of a corporation the various theories of legal personality. Topic 2: corporate personality: the foundation of company law reading: gower and davies, 8 th edition 2008, chapters 8 and 9. + social-cognitive personality theories: social learning theory bandura also emphasized the importance of cognition in personality development people develop a sense of self-efficacy: self-efficacy our beliefs about our ability to achieve goals individuals with higher self-efficacy: accept greater challenges try harder to meet challenges bandura also.
The transplantation ofthe legal discourse on corporate personality theories: from german codification to british political pluralism and american big business. Corporate personality the distinct status of a business organization that has complied with law for its recognition as a legal entity and that has an independent legal existence from that of its officers, directors, and shareholders. Corporate personality [pic][pic][pic]corporate personality is the creation of law legal personality of corporation is recognized both in english and indian law a corporation is an artificial person enjoying in law capacity to have rights and duties and holding property a corporation is distinguished by reference to different kinds of things which the law. Theory / bracket theory or expansible symbol theory / fiction theory (maitland) (2) theory of reality of corporate personality / subjective rights theory / fiction theory (hallis) (3) gierke's realist theory / jhering's symbolist theory with brinz's purpose theory / savigny's fiction theory (derham) (4) person theory / group theory / creature theory or concession. Corporate personality arun verma 1 (c) arun verma we use your linkedin profile and activity data to personalize ads and to show you more relevant ads. (iv) bracket/symbolist theory: the principal exponent is iheringaccording to this theory, juristic personality is only a symbol to facilitate the working of the corporationonly the members of the corporation are persons in true sense & around them a bracket is put to indicate that they r to be treated as one unit, when they have formed.
The big five is a theory of personality that identifies five distinct factors as central to personality this article offers an overview of these 5 factors. Corporate personality consists of and depends on a generalized substitution of juridical persons for real people the doctrines of legal personality present social relations as a product of legal institutions, dependent on enforcement of an authoritative (legal) discourse, rather than as inherent in natural existence.
The discourse focused on three theories of corporate legal personality that were played against each other10 the theories aimed to explain the rationale for the. Theories of the corporation david millon i introduction while apparently metaphysical questions about the nature of the corporation might strike one as.
Summary: carol dweck and others have identified two implicit theories of intelligence those learners who have an entity theory view intelligence as being an unchangeable, fixed internal characteristic those who have an incremental theory believe that their intelligence is malleable and can be increased through effort originators: carol dweck. Understanding law , legal concepts theories of corporate personality jayendra a kasture llm (business laws) -gold medalist rtm nagpur university, nagpur.
Clash of corporate personality theories: a comparative study of one-member company in singapore and china. Corporate personality is the fact stated by the law that a company is recognized as a legal entity distinct from its members a company with such personality is an independent legal existence separate from its shareholders, directors, officers and creators this is famously known as the veil of incorporation. Theories of corporate personality persons are of two kinds namely, natural persons and legal persons there are three kinds of legal persons ie corporations institutions and fund or estate corporate personality is a fiction of law it is an artificial personality given to corporation whereby certain rights and duties are attributed to it. Clash of corporate personality theories: a comparative study of one-member company in singapore and china hong kong law journal, vol 38, pp425-452, 2008 28 pages.
The trait theory also promotes difference in traits in individuals and the influence of traits on behaviors the trait theory supports the idea that traits vary from person to person and that traits remain constant the trait theory also believes attributes behavior to traits the trait theory is used to determine the cause of behaviors in individuals compared to others. Grant theory viewed groups as gaining legal status by way of incorporation incorporation was a monopoly of the state only the state could incorporate groups and grant them legal personality the state attached rights and duties to the legal personality at its discretion the corporate personality was created by the state in the realm of public law 12 the. According to this theory, the personality of a corporation is different from that of its members savigny regarded corporation as an exclusive creation of law having no existence apart from its individual members who form the corporate group and whose acts are attributed to the corporate entity. The relevance of corporate theory to corporate and economic development: comment on the transplantation of the legal discourse on corporate personality theories.