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The Code of Canon Law refers to \u201cjuridic persons\u201d in the following canon:<\/span><\/p>\n Canon 113 \u2013 \u00a72. In the Church, besides physical persons, there are also juridic persons, that is, subjects in canon law of obligations and rights which correspond to their nature<\/i><\/b>.<\/b><\/p>\n <\/p>\n In civil law, the recognition of legal personality apart from physical persons is not codified in one civil law resource or work or statute.\u00a0 There are many sources to be considered in identifying in civil law those entities which have legal existence apart from physical or human persons which inherently possess legal rights and obligations. <\/p>\n Corporations are the essential legal structure in civil law separate in law from physical persons.\u00a0 Trusts and partnerships do not enjoy separate obligations and rights separate from the physical persons.<\/span><\/p>\n <\/p>\n Professor Bruce Welling, a former professor of mine from the University of Western Ontario Law School, in his book entitled, <\/span>Canadian Company Law<\/span>, introduced this topic as follows: <\/p>\n \u201cOne of the most dramatic consequences of incorporation is the creation of a new legal person, separate in law from its \u2026 [incorporators].\u00a0 Corporate personality is not entirely a modern phenomenon \u2013 the basic theory appears in writings of Pope Innocent IV (1243) and in Roman Law.\u00a0 The office of bishop has long been regarded as a corporation sole, existing independently of its incumbent in canon law.\u00a0 So, in common law, was the English crown held to exist in perpetuity, quite independently of the presence of any transient human occupant of the throne.\u00a0 The recognition of commercial corporations as legal entities has led to much difficulty and has spawned several theories, notably the fiction theory and the realist theory.\u201d <\/p>\n I should add that the fiction theory and realist theory have been extended in corporate law in Canada and elsewhere in the common law world to apply to not <\/p>\n The fundamental attributes of a corporation which are desirably sought include:<\/strong><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Corporations may be constituted or created with one or more participants. A corporation sole has historically been most often recognized, although not exclusively so, in the context of the Roman Catholic Church as the ecclesiastical property holder of diocesan properties with the diocesan bishop in office, ex-officio, the only member and director of the corporation sole. <\/p>\n This historical construct is not surprising given that these corporations were established at a time when monarchs in the Commonwealth, France and elsewhere occupied as the Crown office holders non-statutory corporations sole with the benefit of perpetual existence. <\/p>\n An important distinction is between corporations with share capital and those without. <\/p>\n This concept was recognized in Roman Law as a <\/span>Jus in Rem<\/span><\/i> or a <\/span>Jus in Personam<\/span><\/i>. Not-for-profit corporations and statutes for Religious Dioceses and Religious Institutes fall into the category of involving <\/span>rights in personam<\/span><\/i> of office holders, contrasted with business corporations with share capital, which are ultimately controlled with reference to <\/span>rights in rem<\/span><\/i> on account of shares being property capable of transfer.<\/span><\/p>\n <\/p>\n Legislative competent bodies such as the Parliament of Canada and the Legislatures in each of the Provinces of Canada HAVE legislation creating entities with legal personality.\u00a0 The reasons for these legislative corporations appear to be largely grounded in the limited options available to dioceses and religious institutes at the time of their historical creation. <\/p>\n For instance, if we were to review the Statues of Incorporation for Saint Paul University, from May 30<\/span>th<\/span>, 1849, prior to the confederation of Canada, the university was established as a corporation composed of the office-holder of the Bishop of Ottawa, and others, under the name of The College of Bytown with perpetual succession:<\/span><\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0<\/span><\/p>\n The foregoing description of\u00a0 individual office-holders as \u201chereby constituted a Body politic and Corporate in deed and name\u201d does appear to bear some resemblance to the canons from the code, for example: <\/p>\n Can). . 115 \u00a71. Juridic persons in the Church are either aggregates of persons (universitates personarum) or aggregates of things (universitates rerum). <\/p>\n Russell Gibson is a civil lawyer in Ottawa who practices with an emphasis on Corporate and Regulatory law, often as corporate counsel to Roman Catholic Dioceses, religious communities, and sponsored undertakings, including as advisor for associations, not-for-profits and charities.\u00a0 Russell Gibson is a founder of the law firm of Gibson Tanner Rabin LLP.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" The Code of Canon Law refers to \u201cjuridic persons\u201d in the following canon: Canon 113 \u2013 \u00a72. In the Church, besides physical persons, there are also juridic persons, that is, subjects in canon law of obligations and rights which correspond to their nature. In civil law, the recognition of legal personality apart from […]<\/p>\n","protected":false},"featured_media":12113,"parent":0,"template":"","meta":{"_acf_changed":false},"resources-category":[31],"class_list":["post-11126","resource","type-resource","status-publish","has-post-thumbnail","hentry","resources-category-publication"],"acf":[],"yoast_head":"\n
\n<\/span><\/p>\nA BRIEF HISTORY OF \u201cCORPORATIONS AS PEOPLE\u201d<\/b><\/h4>\n
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\n<\/span><\/p>\nCORPORATIONS CREATED BY LEGISLATURES:<\/b><\/h4>\n
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