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juristic person.

(Querist) 09 June 2010 This query is : Resolved 
1)Can anybody tell me difference between juristic person & living person as per TPA Act, 1882.

2)Meaning of wharfinger's certificate as per sales of goods act, 1930 & contract act, 1872.

Can anybody tell me the rule of anticipatory breach of contract. or notes or examples.

Thanking u all experts in advance.



Guest (Expert) 09 June 2010
The term 'juristic person' includes a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law."

A juristic person is a bearer of rights and duties that is not a natural person (that is, not a human being) but which is given legal personality by the law is a juristic person - for example, a company.

Juristic persons are entities other than human beings on which the law bestows legal subjectivity. This does not mean that they assume the guise of natural persons, but that the law for the sake of economic or social expediency recognises a thing or community or group of persons as having legal personality and therefore the capacity to be the bearer of rights and duties and the ability to participate in the life of the law in its own name. They are called juristic persons because it is the law that accords them the status, in certain respects at least, of persons: they are artificial persons created by the law.

It matters if an entity subject to law is a
juristic person----
juristic person or a natural person, for example, a juristic person can never be an employee.

Juristic Person is the legal concept that corporations are liable to the same laws as ‘natural persons’.

Treating corporations as individuals or juristic persons raises practical difficulties for legal enforcement and punishment.

living person---- everybudy knows that... no need to clarify.

ANTECIPATORY BREECH OF CONTRACT

THE INDIAN CONTRACT ACT,1872

Sec 39.Effect of refusal of party to perform promise wholly.-When a
party to a contract has refused to perform, or disabled himself from
performing, his promise in its entirety, the promisee may put an end
to the contract, unless he has signified, by words or conduct, his
acquiescence in its continuance.
DEFENSE ADVOCATE.-firmaction@g (Expert) 15 June 2010
Daities and even maths under Hindu law are also treated as Juristic persons and it has vide relevence in taxation laws though the defination is in TPA act.


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