5.1 Natural and artificial persons

Natural person: this is the human being who is recognized as a person by law by reason of his characteristics.

Characteristics:

• Legal rights: Natural persons have a wide range of legal rights, including civil rights (e.g., the right to free speech, the right to a fair trial), human rights (e.g., the right to life, the right to dignity), and property rights (e.g., the right to own and transfer property).
• Legal duties: They also have legal duties and responsibilities, such as the duty to obey laws and fulfill contractual obligations.
• Legal capacity: Natural persons are considered legally capable of entering into contracts, filing lawsuits, and being held criminally liable, among other legal actions.
• Citizenship and identity: They may have citizenship in a particular country, and they possess personal identities, including names, birthdates, and other identifying information.

Artificial persons, also known as juridical persons or legal entities, are entities created by law that are treated as legal persons for specific purposes. They are distinct from natural persons and can include a wide range of entities, such as corporations, partnerships, associations, and government bodies.

Characteristics:

• Legal personality: Artificial persons have legal personality, meaning they can enter into contracts, sue and be sued, own property, and engage in legal transactions just like natural persons.
• Limited liability: Many artificial persons, especially corporations, enjoy limited liability, which means that the personal assets of the individuals involved in the entity are generally protected from the entity’s debts and legal liabilities.
• Eternal existence: Some artificial persons, such as corporations, can have perpetual existence, even as ownership and management change over time.
• Distinct legal entity: They are considered distinct legal entities separate from their owners, shareholders, or members, and they can act and enter into contracts in their own names.
• Rights and obligations: Depending on the type of artificial person, they may have rights and obligations similar to those of natural persons, such as the right to free speech (in the case of certain organizations) or obligations to pay taxes.

Examples of artificial persons include:

• Corporations
• Partnerships
• Associations and nonprofit organizations
• Government bodies