Natural person

In jurisprudence and legal theory, a natural person refers to a human being who possesses legal personality by virtue of being born as a member of the human species. It is the most fundamental concept in law, forming the basis for the creation, enjoyment, and enforcement of legal rights and duties. A natural person is distinct from a legal (juridical) person, which is an artificial entity such as a corporation or institution recognised by law as having separate legal existence.

Meaning and Definition

The term natural person designates an individual human being who is capable of holding rights and duties under the law. This recognition is automatic and inherent from the moment of live birth, without the need for any legal conferment or declaration.
Definition: A natural person is a living human being regarded by law as having an independent legal personality and capacity to possess and exercise rights, perform duties, and bear liabilities.
In simple terms, every human being is a natural person, irrespective of gender, race, religion, or nationality. The law confers upon them a recognised status within the legal order, ensuring equality and protection under the system of rights and obligations.

Essential Characteristics of a Natural Person

1. Human Existence
   • A natural person must be a living human being.
   • Legal personality arises at birth and ceases at death.
2. Legal Personality
   • Every natural person is a legal subject capable of owning property, entering into contracts, suing, and being sued.
3. Capacity to Hold Rights and Duties
   • A natural person can acquire legal rights and is bound by legal obligations recognised by law.
   • Some rights (e.g., personal liberty, reputation) can be held only by natural persons and not by artificial entities.
4. Physical and Moral Attributes
   • The existence of physical and rational faculties distinguishes natural persons from artificial legal entities.
   • Moral accountability and social responsibility apply directly to natural persons.
5. Equality Before the Law
   • All natural persons are equal in the eyes of law, although specific legal capacities (such as voting, marriage, or contracting) may vary by age, mental state, or citizenship.

Commencement and Termination of Legal Personality

1. Commencement

• The legal personality of a natural person begins at birth.
• Under most legal systems, a child becomes a person once completely born alive and separate from the mother.
• The law also recognises certain rights of an unborn child (nasciturus) conditionally, particularly concerning inheritance and property, provided the child is later born alive.

2. Termination

• The legal personality of a natural person ends with death.
• After death, the individual ceases to be a legal person, though certain legal consequences (such as succession, execution of wills, and liabilities of the estate) continue through representatives or heirs.

Legal Capacity of a Natural Person

Legal capacity refers to the ability to acquire rights and incur obligations. It has two aspects:

1. Capacity to Hold Rights (Right-Bearing Capacity):
   • Every human being possesses this capacity by birth.
   • It includes rights to life, liberty, equality, and property.
2. Capacity to Act (Active Capacity):
   • Refers to the ability to exercise rights and perform legal acts.
   • This capacity may be restricted by factors such as:
     • Age: Minors lack full contractual capacity.
     • Mental Condition: Persons of unsound mind may be legally incapacitated.
     • Status: Convicts, aliens, or bankrupts may face specific legal restrictions.

Thus, while every human being is a natural person, not all possess full legal capacity to act at all times.

Rights and Duties of a Natural Person

A natural person enjoys a wide range of legal rights and owes corresponding duties. These include:

• Civil Rights: Right to property, contract, and personal security.
• Political Rights: Right to vote, contest elections, and participate in governance (subject to law).
• Personal Rights: Right to life, dignity, reputation, and privacy.
• Social Rights: Right to education, health, and social welfare (under constitutional or statutory law).
• Moral Duties: Duty to respect others’ rights, obey laws, and contribute to societal welfare.

Natural persons are also liable under criminal law, tort law, and other branches of law for wrongful acts or omissions.

Distinction between Natural Person and Legal Person

Status of Unborn, Minor, and Deceased Persons

1. Unborn Persons
   • Not yet natural persons, but the law protects their potential rights (e.g., inheritance, maintenance).
   • The Latin maxim nasciturus pro iam nato habetur means “the unborn is deemed to have been born for its own benefit.”
2. Minors
   • Minors are natural persons with limited capacity.
   • They possess rights but cannot perform certain legal acts independently.
3. Deceased Persons
   • On death, legal personality ceases.
   • However, the law preserves dignity after death by protecting the dead body, reputation, and property through surviving relatives or representatives.

Juristic Perspective

Prominent jurists have defined and elaborated the concept of the natural person:

• John Salmond: A natural person is “a human being regarded by the law as capable of rights and duties.”
• Holland: Describes persons as “the subjects of legal rights and duties,” distinguishing between natural and legal persons.
• Savigny: Recognised natural persons as real persons whose personality is inherent and not created by legal fiction.

These views collectively affirm that natural personality arises from human existence itself, not from legislative or judicial creation.

Modern Significance

In modern jurisprudence, the concept of the natural person forms the foundation for:

• Human rights law, ensuring inherent dignity and equality.
• Constitutional law, recognising individual liberties and citizenship.
• Criminal and civil liability, attaching responsibility to human actions.
• Labour and family law, identifying legal subjects in personal and social relationships.