Legal Definitions - personality

The term "personality" has two distinct meanings in legal contexts:

1. Legal Personality

In its primary legal sense, legal personality refers to the status an entity holds when it is recognized by the law as a "person." This recognition grants the entity the capacity to possess rights, incur duties, and engage in legal actions, such as entering contracts, owning property, suing, or being sued. This status can apply to both human beings and certain artificial entities created by law.

• Example 1: A Newborn Child
  Illustration: From the moment of birth, a human baby acquires legal personality. This means the child can inherit property, be named as a beneficiary in a trust, and have legal guardians appointed to protect their interests, even though they are not yet capable of making legal decisions themselves. The law recognizes them as an individual with distinct rights and a legal existence.
• Example 2: A Registered Corporation
  Illustration: A large technology company, despite not being a human, possesses legal personality. This allows the company to enter into contracts, own assets like buildings and intellectual property, borrow money, and sue or be sued in its own name, separate from its individual shareholders or employees. Its legal personality enables it to operate as a distinct entity in the business world.
• Example 3: A Public University
  Illustration: A state-funded university often has legal personality. This means it can own land, employ staff, enter into research agreements with other institutions, and accept grants, all as a single legal entity. It can also be held accountable for its actions, such as in a lawsuit, separate from the individual government officials or faculty members who work there.

2. Parliamentary Law (Improper Reference)

In the context of parliamentary procedure and legislative bodies, "personality" (often used in the plural, "personalities") refers to an improper reference to a member by their name or in a way that attacks their personal character, motives, or attributes, rather than focusing on the substance of the debate, policy, or motion at hand. It is considered a breach of decorum and a distraction from the legislative process.

• Example 1: A City Council Debate
  Illustration: During a city council meeting discussing a new public transportation initiative, a council member states, "Councilor Davies, with his well-known aversion to public spending, is clearly opposing this project simply to protect his own tax bracket." This is an example of a "personality" because it attacks Councilor Davies' personal financial motives rather than addressing the merits or drawbacks of the transportation initiative itself.
• Example 2: A National Legislative Session
  Illustration: While debating a proposed healthcare reform bill, a legislator declares, "The honorable member from the opposition, known for her frequent absences from committee meetings, has no standing to criticize the details of this legislation." This constitutes a "personality" as it focuses on the personal attendance record and perceived credibility of the opposing member, rather than engaging with the content or implications of the healthcare bill.
• Example 3: A Professional Association's Annual Meeting
  Illustration: During a discussion about adopting new professional standards, a member argues, "Dr. Elena Petrova, who drafted these standards, has always been overly rigid in her own practice, which is why these guidelines are so restrictive." This is a "personality" because it criticizes Dr. Petrova's personal professional style and character, rather than providing a reasoned argument against the proposed standards themselves.