Which of the following Statements Best Describes a Legal Personality

Legal personality allows one or more natural persons (universitas personarum) to act as an entity (legal person) for legal purposes. In many jurisdictions, artificial personality allows this company to be considered legally distinct from its individual members (for example, in a public company, its shareholders). They can sue and be sued, enter into contracts, incur debts and own property. Companies with legal personality may also be subject to certain legal obligations, such as the payment of taxes. A company with legal personality may protect its members from personal liability. The original of this Convention, of which the Arabic, Chinese, English, French, Russian, Spanish and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof, the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Agreement. The term « legal person » can be ambiguous as it is often used as a synonym for terms that refer only to non-human legal persons, especially as opposed to « natural person ». [10] [11] Subsequent statements interpreted these comments prior to oral argument as part of the court decision. [26] Accordingly, the First Amendment does not permit Congress to pass legislation restricting the freedom of expression of a political company or action group or requiring reporting in a local newspaper,[27] and the Due Process Clause does not allow a state government to take possession of a corporation without due process and fair compensation.

This protection applies to all legal persons, not just companies. 34. In the past, OECD activities in the area of privacy and related areas have focused on automatic data processing and computer networks. The expert group paid particular attention to whether these guidelines should be limited to automated and computerised processing of personal data. Such an approach can be defended for a number of reasons, such as the particular risks to the privacy of individuals arising from automation and computerised databases, the increasing predominance of automated data-processing methods, in particular in transborder data flows, as well as the specific information policy framework, in the area of information and communication technology, in which the expert group intends to fulfil its mandate. 4. The first election of the Committee shall take place not later than six months after the entry into force of this Agreement and every two years thereafter. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their candidatures within two months. The Secretary-General shall then prepare a list of all persons so designated in alphabetical order, indicating the States Parties which have nominated them, and submit it to the States Parties to the present Convention.

4. To date, more than one third of OECD member states have adopted one or more laws aimed, inter alia, at protecting individuals against the misuse of data concerning them and granting them the right of access to data in order to verify their accuracy and adequacy. In federal states, these laws can be found at the federal, state, or state level. These laws are called differently in different countries. In continental Europe, for example, it is common to speak of « data laws » or « data protection laws », while in English-speaking countries they are generally referred to as « privacy protection laws ». Most laws were enacted after 1973, and this current period can be described as continuous or even expanded legislative activity. Countries that already have laws in place are looking to new areas of protection or are in the process of revising or supplementing existing laws. Several other countries are joining the region and have pending bills or studying issues with a view to drafting legislation.

These national efforts, including detailed reports and research papers produced by public committees or similar bodies, help clarify the problems and the benefits and implications of different solutions. At present, they provide a solid basis for international action. 29. It has already been pointed out that the protection of privacy and individual freedoms is one of many overlapping legal aspects in data processing. The guidelines represent a new instrument, in addition to other related international instruments governing issues such as human rights, telecommunications, international trade, copyright and various information services. Where appropriate, the principles set out in the Guidelines could be further developed in the context of OECD activities in the field of information, informatics and communication policy. 5. Different countries` approaches to privacy and individual freedoms have many similarities. This makes it possible to identify certain fundamental interests or values that are generally regarded as elementary elements of the scope of protection. Some such basic principles are: setting limits for the collection of personal data in accordance with the data collector`s objectives and similar criteria; restricting the use of data to openly defined purposes; create opportunities for individuals to be informed about the existence and content of data and to have data corrected; and identification of parties responsible for compliance with relevant data protection regulations and decisions.

Print Friendly, PDF & Email