ABSTRACT

In any legal system the nature of legal personality is of central importance. Possession of legal personality indicates that the entity may enjoy legal rights and litigate to enforce those rights; the entity in question will also be subject to legal obligations. In municipal law an individual above a certain age and of sound mind will have legal personality to sue and be sued. That individual enjoys legal personality and is subject to legal rights and duties. In like terms it was established in the 19th century that the corporation aggregate was a legal entity distinct from its own members and could itself sue and be sued.2 In municipal law the question as to whether an entity enjoys legal personality will depend on analysing the basic constitutional document and drawing the appropriate inferences. A finding of legal personality will lead to different conclusions according to the entity in question; the acts capable of being performed by an individual differ from those that a corporation may itself perform.3 However, in municipal law it is broadly accepted that legal personality indicates that the entity may be subject to legal rights and duties. Some municipal legal systems draw a distinction between subjectivity and personality or capacity so that a minor may be a subject but not possess full personality or capacity.