نوع مقاله : مقاله پژوهشی
1 . استادیار دانشگاه بیرجند
2 استادیار دانشگاه علوم اسلامی رضوی
عنوان مقاله [English]
Consideration of the legal personality for legal persons is accepted by rational men and many contemporary jurisprudents, but what is disputable among them is that on which basis has this personality that we consider for the unrealistic subjects been accepted? Several different points have been presented in this regard, two of which that are famous are the theory of realism and the hypothesis of a legal personality, which one of them is generally chosen by jurists. Considerable criticisms have been made on both theories, thus, in this article we seek to prove the basis of the contractual nature of the legal personality, which is somehow derived from the words of the jurists. According to this theory, if we consider legal personality for inhuman issues, it is because of the agreement and contract that has been made among real persons and it is a rational consideration.