Legal Definitions - persona moralis

Persona moralis is a Latin term that translates to "moral person" or, more commonly in legal contexts, "legal person" or "juridical person." It refers to an entity, other than a natural human being, that is recognized by the legal system as having its own distinct rights, duties, and responsibilities. These entities can own property, enter into contracts, sue others, and be sued, much like an individual person. They exist independently of the individuals who create, operate, or are members of them.

Here are some examples to illustrate the concept of a persona moralis:

• A Corporation: Imagine a large software company that develops and sells applications. This company, as a corporation, is a persona moralis. It owns its intellectual property (like software patents), enters into contracts with its employees and clients, and can be held liable if its products cause harm. The company's legal existence and actions are separate from those of its CEO, its board of directors, or its individual shareholders. If the company is sued, the lawsuit is against the corporation itself, not against its individual owners or executives personally (unless they committed separate wrongdoing).

• A University: Consider a well-established university. The university itself is a persona moralis. It owns its campus buildings, endowments, and research facilities. It enters into employment contracts with professors and staff, grants degrees to students, and can sue or be sued in its own name. The university's legal identity is distinct from its president, its faculty, or its student body. For instance, if the university decides to purchase new land for expansion, the contract is signed by the university as a legal entity, not by any single individual.

• A Charitable Foundation: A non-profit organization established to fund medical research is another example of a persona moralis. This foundation can receive donations, own assets like investment portfolios, and enter into grant agreements with researchers. Its legal standing allows it to operate and manage its affairs independently of its founders or its current board members. If the foundation breaches a contract with a research institution, the lawsuit would be brought against the foundation itself, not against its individual directors.