Kelsen Jurist Legal Personality Concept

Hans Kelsen, a significant figure in legal positivism, viewed legal personality from a unique perspective. His theory focused on the structure and functioning of legal systems.

Kelsen's Perspective on Personality: Kelsen argued that legal personality, whether for an individual or an organization like a company, is essentially a conceptual tool created by the legal system. The law attributes a bundle of rights and duties to a specific point or center. From this viewpoint, the law assigns personality to both natural persons (individuals) and juristic persons (companies) in a functionally similar way.

Essential Similarity: Therefore, Kelsen concluded that there is fundamentally no difference in the *legal* nature of personality between a company and an individual. Both are treated as subjects of law, capable of holding rights and incurring obligations as defined by the legal order.

The statement reflects Kelsen's analytical approach, where the focus is on how the legal system constructs and utilizes the concept of personality, rather than on inherent ontological differences.