Natural person

{{Short description|Real human being as opposed to a non-human legal person}} {{Use dmy dates|date=January 2023}} In jurisprudence, a '''natural person''' (also '''physical person''' in some Commonwealth countries, or '''natural entity''') is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person.

== Definitions ==

According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law.<ref>{{Cite web | url=https://bdtcc.unipe.edu.br/wp-content/uploads/2018/12/artigo-thaise-1-1-1-1.pdf | title=Existence of the right of the personality of the dead in the Brazilian legal order | archive-url=https://web.archive.org/web/20211017002524/https://bdtcc.unipe.edu.br/wp-content/uploads/2018/12/artigo-thaise-1-1-1-1.pdf | archive-date=17 October 2021 }}</ref>

According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personality, with legal consequences".<ref>VENOSA, Sílvio de Salvo. Direito Civil: Parte Geral. 5. ed. São Paulo: Atlas, 2005, p. 149.</ref> However, and in addition, the law also gives personality to other entities, formed by groups of people or assets: these are called legal person.

== Right to legal personality == Some international human rights documents and treaties recognise the right to be recognised as a legal person as an individual human right. Examples include Article 6 of the Universal Declaration of Human Rights<ref>{{Cite web|title=Universal Declaration of Human Rights|url=https://www.un.org/en/about-us/universal-declaration-of-human-rights|website=United Nations|access-date=2026-01-31|language=en|author=United Nations}}</ref> or Article 3 the American Convention on Human Rights.<ref>[https://www.oas.org/dil/treaties_b-32_american_convention_on_human_rights.pdf "American Convention on Human Rights, "Pact of San José, Costa Rica" (B-32)"] (PDF). ''Organization of American States''. Retrieved 19 July 2024.</ref> This serves to prevent humans being stripped of their legal personality, as, for example, slaves were under some systems of slavery. Entities not considered persons would instead be understood as objects, and would be subject to property rights, as slaves were, for example, in Ancient Rome.<ref>{{Cite book|title=The Position of Roman Slaves: Social Realities and Legal Differences|url=https://www.degruyterbrill.com/document/doi/10.1515/9783110987195/html|publisher=De Gruyter|date=2023-03-06|isbn=978-3-11-098719-5|doi=10.1515/9783110987195/html|language=en|pages=1}}</ref> Nowak considers this right to be one of the rare absolute human rights (meaning it is not possible to restrict it in any way), and additionally non-derogable.<ref>{{Cite web|url=https://www.elgaronline.com/view/book/9781789903621/b-9781789903621.absolute.and.relative.rights.xml|website=www.elgaronline.com|access-date=2026-01-31|doi=10.4337/9781789903621.absolute.and.relative.rights|title=Absolute and Relative Rights|last=Nowak|first=Manfred}}</ref>

== Legal consequences ==

In many cases, fundamental human rights are implicitly granted only to natural persons. For example, the Nineteenth Amendment to the United States Constitution, which states a person cannot be denied the right to vote based on their sex, or Section 15 of the ''Canadian Charter of Rights and Freedoms'', which guarantees equality rights, apply to natural persons only. Another example of the distinction between natural and legal persons is that a natural person can hold public office, but a corporation cannot.

A corporation or non-governmental organization can, however, file a lawsuit or own property as a legal person.

== Crime == Usually a natural person perpetrates a crime, but legal persons may also commit crimes.<ref>{{cite book |last=Simpson |first=Sally S |author-link= |date=2002 |title=Corporate Crime, Law, and Social Control |url=https://www.researchgate.net/publication/267703139 |location=Cambridge, UK |publisher=Cambridge University Press |page= |isbn=0-521-58083-8 |access-date=7 November 2023 |archive-date=7 November 2023 |archive-url=https://web.archive.org/web/20231107054422/https://www.researchgate.net/profile/Sally-Simpson-3/publication/267703139_Corporate_Crime_Law_and_Social_Control/links/55c220ef08aeca747d5dc598/Corporate-Crime-Law-and-Social-Control.pdf |url-status=live }}</ref> In the U.S., animals that are not persons under U.S. law cannot commit crimes.<ref>''People v. Frazier'', [http://online.ceb.com/CalCases/CA4/173CA4t613.htm 173 Cal. App. 4th 613] {{Webarchive|url=https://web.archive.org/web/20170729065357/http://online.ceb.com/CalCases/CA4/173CA4t613.htm |date=29 July 2017 }} (2009). In this case, the California Court of Appeal explained: "Despite the physical ability to commit vicious and violent acts, dogs do not possess the legal ability to commit crimes."</ref>

== By country ==

=== Germany ===

In Germany, legal entities ({{lang|de|Rechtssubjekt}}) such as natural persons ({{lang|de|Natürliche Person}}) have the capacity to be bearers of rights and obligations; they possess legal capacity. The point in time at which this legal capacity begins and ends is disputed in {{ill|German case law|de|Rechtsprechung|v=sup}} and {{ill|German jurisprudence|de|Rechtswissenschaft|lt=jurisprudence|v=sup}}.

According to section 1 of the German Civil Code (BGB), a person acquires legal capacity on completion of their birth.<ref name="BfJ-2022" />{{rp|at=[https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p0030 § 1]}} However, in certain conditions, fetuses also have certain legal rights, for example, that of becoming an heir.<ref name="BfJ-2022" />{{rp|at=[https://www.gesetze-im-internet.de/bgb/__1923.html § 1923 (2)]}} The question of whether a fetus may have legal capacity as well has been left open by the Federal Court of Justice, although there are indications of a positive response.<ref name="Zeising-2004" /> The German Civil Code grants the fetus, which does not have full legal capacity, essential rights, which are subject to the condition of subsequent live birth.<ref name="BfJ-2022" />{{rp|at=[https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p0030 § 1]}} The question of whether the fetus can have rights before birth and possibly from the beginning of pregnancy, in particular a right to life, is highly controversial.{{citation needed|date=December 2022}}

== References == {{Reflist |refs=

<ref name="Zeising-2004">Zeising, Michael: [https://books.google.com/books?id=ew2Bu_TG32IC&pg=PA18 ''Der Nasciturus im Zivilverfahren''] {{Webarchive|url=https://web.archive.org/web/20231107055539/https://books.google.com/books?id=ew2Bu_TG32IC&pg=PA18 |date=7 November 2023 }} [The fetus in civil proceedings] (2004) p. 18; with further sources. (in German)</ref>

<ref name="BfJ-2022">{{cite web |language=en |author= |date=2022 |title=German Civil Code BGB |publisher=Bundesamt für Justiz |location=Bonn  |translator1=Langenscheidt Translation Service |translator2=Neil Mussett |url=https://www.gesetze-im-internet.de/englisch_bgb/index.html |quote={{ublist|§ 1: The legal capacity of a human being begins on the completion of birth.|§ 1923: (1) Only a person who is alive at the time of the devolution of an inheritance may be an heir.|(2) A person who is not yet alive at the time of the devolution of an inheritance, but has already been conceived, is deemed to have been born before the devolution of an inheritance.}}  |access-date=9 December 2022 |archive-date=18 October 2022 |archive-url=https://web.archive.org/web/20221018221416/https://www.gesetze-im-internet.de/englisch_bgb/index.html |url-status=live }}</ref>

}}

Category:Civil law legal terminology Category:Legal entities Category:Personhood