IAFS 3000 Lecture Notes - Lecture 2: Erga Omnes, Legal Personality, Montevideo Convention
21 Dec 2016
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Document Summary
In a legal system, certain entities possess legal personality. Rights and duties enforceable at law (shaw 142). Legal personality is necessary for entities to operate because it allows them to maintain and force claims (shaw 142). The legal personality of a particular entity depends upon the entity"s status and capacity. The status of an entity is determinant of its powers and obligations, and the capacity of an entity links the status of a person with particular rights and duties (shaw 142). The legal personality of an entity is also influenced by the entity"s competence as well as the nature and extent of particular rights and duties. Importantly, the definition and nature of the legal personality of an entity is determined by the particular legal system under which the entity is operating. In the international system, not all entities are considered legal actors, though their actions may still be influential internationally.
