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RESPONSIBILITY OF JURIDICAL PERSONS, General rule or exception?
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For I SA 46
th
Annual Convention, Honolulu, 1-5 March 2005
Panel TC37, Thursday 3
rd
March 1.45pm
Panel title: Delinquent International Actors: How to Respond
Yolanda M. Guerra GarcíaFacultad de Estudios Estratégicos y SeguridadUniversidad Militar Nueva GranadaCarrera 11 No. 101-80Bogotá, Colombia
## email not listed ##
RESPONSIBILITY OF JURIDICAL PERSONS
General rule or exception?
Yolanda M. Guerra García
Universidad Militar Nueva Granada
ABSTRACT
Introduction
First of all, one must define the terminology in order to understand the ideas. When“Responsibility” is named, we refer to the legal civil or criminal responsibility, meaningthe quality or state of being legally obligated to bear the consequences of ones acts.As per juridical persons, let us first explain that there are two kinds of persons beforethe law: the natural person (human being) and the juridical person (a fictionconsisting in the association of several people, that through a legal bounding,become one: for the purpose of this paper a juridical person is an entity created bylaw and given the legal rights and duties of a human being).
Juridical persons
Etymologically, the word “person” comes from the Latin, sono, and the prefix, per,which means the one that makes sounds. The etymology relates to the mask thatactors used to wear in ancient theatre. In modern law, the term person implies theone that has the capacity to bear rights and duties. It is considered that a personbecomes such when born and has breathed for at least one second. There is aprocedure to prove there was air in the lungs, in case a newborn dies, in order todemonstrate if this being was able to breath for at least one second. The breathingpart is important when there are inheritance rights being contested.
Throughout history, it has been questioned if a juridical person can be criminallyresponsible.
Although the answers have changed, modern criteria is to consider
juridical persons responsible and able to bear punishment.
Let us go deeper into this criteria.
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| | Authors: Guerra-Garcia, Yolanda. |
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For I SA 46
th
Annual Convention, Honolulu, 1-5 March 2005
Panel TC37, Thursday 3
rd
March 1.45pm
Panel title: Delinquent International Actors: How to Respond
Yolanda M. Guerra García
Facultad de Estudios Estratégicos y Seguridad
Universidad Militar Nueva Granada
Carrera 11 No. 101-80
Bogotá, Colombia
## email not listed ##
RESPONSIBILITY OF JURIDICAL PERSONS
General rule or exception?
Yolanda M. Guerra García
Universidad Militar Nueva Granada
ABSTRACT
Introduction
First of all, one must define the terminology in order to understand the ideas. When
“Responsibility” is named, we refer to the legal civil or criminal responsibility, meaning
the quality or state of being legally obligated to bear the consequences of ones acts.
As per juridical persons, let us first explain that there are two kinds of persons before
the law: the natural person (human being) and the juridical person (a fiction
consisting in the association of several people, that through a legal bounding,
become one: for the purpose of this paper a juridical person is an entity created by
law and given the legal rights and duties of a human being).
Juridical persons
Etymologically, the word “person” comes from the Latin, sono, and the prefix, per,
which means the one that makes sounds. The etymology relates to the mask that
actors used to wear in ancient theatre. In modern law, the term person implies the
one that has the capacity to bear rights and duties. It is considered that a person
becomes such when born and has breathed for at least one second. There is a
procedure to prove there was air in the lungs, in case a newborn dies, in order to
demonstrate if this being was able to breath for at least one second. The breathing
part is important when there are inheritance rights being contested.
Throughout history, it has been questioned if a juridical person can be criminally
responsible.
Although the answers have changed, modern criteria is to consider
juridical persons responsible and able to bear punishment.
Let us go deeper into this criteria.
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