Identity of a Juridical Person
Identity of a Juridical Person
Author(s): Katarzyna Kopaczyńska-PieczniakSubject(s): Civil Law, Commercial Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: identity; juridical person; personal interests;
Summary/Abstract: The article is of a scientific and research nature and contains the results of research conducted inthe areas of Polish civil and commercial law. The subject of the research was whether a juridical personis entitled to the personal interest in the form of identity and the right to identity. The aim was also todefine the features and characteristics that determine the identity of a juridical person. Undertakingto analyse the issue is not only of theoretical importance but also of practical importance due to theproblem of infringement of the right to identity of a juridical person. In the sphere of private law,identity as a personal right can be understood in two ways. A distinction should be made betweenan internal sense of identity, which is expressed in an awareness of uniqueness and distinctiveness,and an external sense of identity, which is a set of characteristics that allows a particular entity to beindividualised and identified. The main thesis boils down to the assertion that a juridical person isentitled to identity as a personal interest and the right to identity. The identity of a juridical personmeans its sameness and can only be approached in the external aspect. Identity thus understood needsto be distinguished from other personal interests of the legal person, such as in particular its goodwill,image or privacy. The assessment of the significance and classification of the elements of the structureof a juridical person allowing its identity to be determined makes it possible to distinguish amongthem distinctive signs, identification markings, structural and organisational factors.
Journal: Studia Iuridica Lublinensia
- Issue Year: 34/2025
- Issue No: 1
- Page Range: 175-193
- Page Count: 19
- Language: English
