Question
The 'Bracket Theory' contemplates :
The correct answer is
Law puts a bracket around the persons, by organising juristic personality.
Understanding the Bracket Theory
The 'Bracket Theory', also known as the Concession Theory or Fiction Theory, explains the nature of juristic personality, particularly for corporations.
This theory posits that legal personality is granted to entities like corporations by the state or law. It's a legal construct, not an inherent reality.
Bracket Theory Explained
- The law effectively places a 'bracket' around an entity (like a company) to give it legal personality.
- This 'juristic personality' means the entity is treated as a person in the eyes of the law, distinct from the natural persons (shareholders, directors) who constitute or manage it.
- The law organizes this personality, defining the entity's rights, duties, and liabilities separately.
Core Concept: Juristic Personality
The essence of the Bracket Theory is that personality is a legal device. Law organizes juristic personality, creating a distinct legal entity. This aligns directly with the idea that Law puts a bracket around the persons, by organising juristic personality.
Was this answer helpful?
Important Questions from Jurisprudence
- Which of the following is not a theory of legal personality?
- Match the LIST-I with LIST-II
LIST-I Profounder LIST-II Idea A. Mimansa I. Law and Morals are same B. Smriti II. "Idea of Values" is the foundation C. Post Reformation Europe III. Law derives authority from State and not morals D. Korknov IV. There is distinction between obligatory and recommendatory rules
Choose the correct answer from the options given below: - Which of the following are correct about "legal theory"?
A. It defines Law
B. It analyses legal concepts
C. It deals with mere theory and has no practical importance
D. It highlights salient features of legal system
Choose the correct answer from the options given below. - "True subject matter of ownership in all cases is a right". Who gave this statement?
- Arrange the following in the historical order of development of Natural Law theories (ascending)
A. Union with Divine is end of law
B. Church is the law giver
C. Development of idea of Rationalism
D. Revival of Natural Law
Choose the correct answer from the options given below:
Need Expert Advice?
