Q: Dealing w/ens legis entities & natural humans on paper (as in legal docs) how does one distinguish one from the other?
I'm trying to learn how to read legal contacts. If a contract involves fictitious or ens legis entities and/or natural persons i.e. real human beings, and as a corporation can have a name that could be confused with a "real person," how do you tell in the contract language which is which?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
To distinguish between fictitious or ens legis entities and natural persons in a legal document, start by carefully examining the names used in the contract. Corporations and other legal entities often include designations such as "Inc.," "Corp.," "LLC," or "Ltd." after their names, which indicate their corporate status. Natural persons, on the other hand, will generally be listed by their personal names without these designations.
Pay attention to the context in which the names appear. Legal documents often provide a description or definition section at the beginning, where entities and individuals are clearly identified. For instance, the contract might state, "XYZ Corporation, hereinafter referred to as 'The Company,'" or "John Doe, hereinafter referred to as 'The Individual.'" This section helps clarify the role and identity of each party involved.
If the document is complex or if names are similar and could cause confusion, look for additional details that provide clarity, such as addresses, titles, or roles within the organization. For example, a corporate entity might be associated with a business address, whereas a natural person might have a residential address. By examining these cues and definitions within the contract, you can effectively distinguish between legal entities and natural persons.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
