Abstract From the theoretical development of the nature of the legal person and the legislative practices in various states, there exists grave flaw in any present theory about the construction of legal person. The neo-personification theory claims that the corporation is a type of objective existence and the qualifying part of the corporations as legal person is a kind of personification. The object of subjectification of the legal person is the normally natural person, that is, the natural person with complete capacity for intention and behavior, instead of the ‘disabled’ in the traditional theory of personification. The neo-personification theory corresponds to the law and reality of legal person as well as the logic, and is therefore a thorough one. It can avoid the limitation of the traditional theory of personification and that of realism and is beneficial to the construction of legal-person system as well as to the realization of its value. The theory reveals the instrumental nature of
|
Received: 24 December 2007
|
|
|
|