28 previous year questions on Legal personality from UGC NET Law papers (2009–2025), including 3 statement-based questions. The correct option is marked in green.
28 questions
To which of the following the 'Fiction theory' is associated with?
Ans. (c) : Corporate personality
Explanation: The Fiction theory is associated with corporate personality. According to law, a corporation is an artificial person. It has the capacity to enjoy rights, fulfill its duties, and hold property. Therefore, the concept of corporate personality is a unique creation of law.
Bracket theory of corporate personality is also known as
Ans. (b) : Symbolist theory
Explanation: Among the various theories related to the nature of corporate personality, one is the Bracket Theory. This theory is known as the Symbolist theory. This theory is based on the argument that only human beings can hold rights and interests and understanding unlimited legal relations is the only way to understand them more easily.
State the legal status of Hindu Joint family.
Ans. (d) : None of the above
Explanation: In Gyadeen v. Hanuman Prasad 2001, the court said that a Hindu Joint family is not a legal person.
The birth and death of legal person is determined by
Ans. (c) : Law
Explanation: According to Salmond, a legal person is an entity different from a human being to which law grants personality. In this sense a legal person is a legal concept whose creation is considered to be conceived by law. Therefore the birth and death of a legal person is determined by law.
.
"A legal person is any subject matter other than a human being to which law attributes personality." Who said these words?
Ans. (d) : Salmond
Explanation: Salmond said that a legal person is any subject matter other than a human being to which law attributes personality. Salmond was a jurist of the analytical school. According to him, the law made by Parliament is the highest legislation.
The purpose theory is based on the assumption that "person is applicable only to human beings; they alone can be the subjects of rural relations". Who developed this theory of Brinz in England?
Ans. (a) : Barker
Explanation: The purpose theory was developed by German jurist Brinz but this theory was developed in England by Barker. According to Barker, the word 'person' is used only for human beings and only they can be the subjects of legal relations.
"Corporate personality is a mere procedural form which is used to work out a convenient way for immediate purpose". It was stated by
Ans. (d) : Hohfield
Explanation: Famous jurist Hohfield said that corporate personality is a mere procedural form which is used to work out a convenient way for immediate purpose. The proponents of the realist theory of corporate personality were German jurists.
Personality is a very vague and wide term and it has a variety of meanings. It is derived from the word persona which is a ............... word.
Ans. (d) : Greek word
Explanation: Persona is a Greek word. Personality is derived from the word persona. It has many meanings and the word personality is very vague and wide.
.
Fiction theory is related to which one of the following concepts?
Ans. (c) : Legal personality
Explanation: The main proponents of the Fiction Theory are Savigny, Salmond, Gray and Dicey. According to this theory, a corporate person is merely a legal fiction whose main purpose is to bring unity to the unstable organisation of persons collectively for social purposes. Thus fictional personality is different from the persons who create it.
The 'Bracket Theory' contemplates:
Ans. (b) : Law puts a bracket around the persons, by organising juristic personality
Explanation: Bracket Theory — the main proponent of this theory is German jurist Ihering. His statement is that only the members of a division are real persons; the corporate personality created as a corporation is like a bracket which only represents the collective form of members. Highfield criticised it.
Who among the following said that there is in essence no difference between the legal personality of a company and that of an individual?
Ans. (d) : Kelson
Explanation: According to historical jurist Kelsen, in essence there is no difference between the legal personality of a company and that of an individual.
Which one of the following is not a theory of the nature of 'Legal Persons'?
Ans. (c) : Interest Theory
Explanation: The Interest theory or Will theory is propounded by Ihering and is associated with legal rights, not with the nature of legal persons. While Fiction, Realist and Bracket theories are associated with legal personality.
Which one of the following is not a theory of corporate personality?
Ans. (b) : Will theory
Explanation: The will or interest theory is associated with legal rights. While the Fiction, Realist and Bracket theories are associated with legal personality.
Which one of the following is not a theory of corporate personality?
Ans. (d) : The theories related to legal personality are: (1) Fiction Theory (2) Bracket Theory (3) Realist Theory (4) Concession Theory (5) Purpose Theory Therefore, Will Theory is not a theory of legal personality but is related to legal rights.
Which is not a theory relating to corporate personality?
Ans. (d) : The following theories based on corporate personality have been propounded by jurists: Fiction Theory Realistic Theory Bracket Theory Concession Theory Purpose Theory Kelson's Theory Hohfeld Theory However, Functional Theory does not fall under the theories of legal personality.
According to which theory, only human beings can have interests and rights and that a corporation is only a legal device of formula which will enable every complex jural relation to be understood more easily?
Ans. (d) : The proponent of the Bracket Theory is Ihering. According to this theory, only human beings can have interests and rights and a corporation is only a legal device or formula, through which every complex legal relation can be understood more easily.
'A legal person is any subject matter other than a human being to which law attributes personality', is the statement of:
Ans. (b) : Defining legal personality under jurisprudence, Salmond said that a legal person is any subject matter other than a human being to which law attributes personality.
Who among the following said that there is in essence, no difference between the legal personability of a company and that of an individual?
Ans. (d) : Kelsen said that in essence there is no difference between the legal personality of a company and that of an individual.
The main purpose of 'Corporation Sole' is to
Ans. (c) : Corporation Sole is a 'corporate chain' of successive individuals. This corporation was held by priests by virtue of the priestly office. The main purpose of this corporation is to maintain the continuity of an office. Examples of Corporation Sole are — the King of England, the Postmaster General of England, the Solicitor General of the Treasury, etc.
Hindu Idol is a juristic entity capable of holding property, was laid down in
Ans. (b) : In the case of Yogendra Nath Naskar v. Commissioner of Income Tax, 1969 S.C., the Supreme Court held that a Hindu idol or deity is a legal person and for this reason such a person can hold property. Such a legal person, like a natural person, would have all rights and liabilities. Bengal Immunity Company Limited v. State of Bihar, 1955 S.C. is related to Article 141 of the Constitution. The law declared by the Supreme Court shall be binding on all courts within the territory of India, but the Supreme Court is not bound by its own decisions.
The main purpose of corporation sole is :
Ans. (d) : Corporation Sole is defined in Section 2(11) of the Companies Act, 2013 as a corporation or corporate body. A corporation sole is a single person who is the holder of a permanent office or official position for a certain period of time. For example, the King of England or the Crown or a Bishop is a corporation sole. A corporation sole maintains the continuity of an office, even though the persons keep changing.
Who said. "A legal person, is any subject matter other than a human being to which law attributes personality"?
Ans. (a) : Salmond stated that a legal person is any subject matter other than a human being to which law attributes personality.
Given below are two statements
Statement I : "All human beings are not legal persons"
Statement II : "State is a juristic person"
In light of the above statements, choose the most appropriate answer from the options given below
Answer: (a) Both Statement I and Statement II are correct I II
A human being ceases to be a person, in law as in fact
Answer: (d) At death
Personality is derived from Greek word 'persona' which means
Answer: (b) Mask
Which statements are true about theories of corporate personality?
(A) Fiction theory says only human beings can be properly called persons
(B) Concession theory states that corporate bodies have legal personality only if granted by Law
(C) Fiction theory is also called 'Organic Theory'
(D) Symbolist or Brackets Theory says members of the corporations are only persons who have rights and duties
(E) Savigny, Salmond and Dicey support Fiction Theory
Choose the correct answer from the options given below
Answer: (d) (A), (B), (D), (E) Only
Which of the following is not a theory of legal personality?
Answer: (c) Interest theory
Explanation: Fiction, Concession, and Bracket theories are well-known theories of legal personality. Interest theory is not typically categorized as such; it is more relevant to rights jurisprudence.
The Supreme Court of India, stating the historical background and sanctity of Guru Granth Sahib, held it to be a juristic person in which of the following case?
Answer: (d) Shiromani Gurudwara Prabandhak Committee V/s Somnath Das
No questions match these filters.