The Calcutta Law Journal Short Notes of Cases Articles and other Matters July 16th 1932

These fall under three heads (a) The system of fiction or the fictitious person theory (b) The stele of the negation of personality (c) The system of the ality-or the real-person theory. [...] The current coe. option has personified this aim the personification being attached to l4Ye more visible parts—the City the Gods the Corporation the Temple the Church the Hospital and the Fiscus the reality is that the property here is owner-less." Bekker has made this theory more subtle from the philosophical standpoint' through the notion of the subject of rights. [...] There is no doubt that the personality begins from the moment when the constitutive elements are found united in an entity ; for example in the case of an association from the moment of constitution of an associition in the case of a foundation from the date of the establishment of a foundation. [...] In order that the legacy may be effective the foundation should be able to accept the legacy at the time when the will speaks but if authorisation is necessary to complete the personality of the foundation the authorisation may he delayed. [...] But the operation of the volition is similar in the case of nocorporate groups as in the case of corporate groups e. g. in the case of co-owners the manager of joint families members of a political party.