Comment by roywiggins

Comment by roywiggins 21 hours ago

2 replies

Property can't enter into contracts or own bank accounts, which is probably the big marker for traditional corporate personhood. It might be possible to sue property but property can't itself sue, so it's not the same type of thing as a corporate person, which can.

You wouldn't need "in rem" jurisdiction if there was a legal person to sue, you'd just call it "in personam" like normal.

https://en.wikipedia.org/wiki/In_rem_jurisdiction

AlotOfReading 21 hours ago

Estates do most of that without any notion of personhood. Suing an estate is in rem. When the estate sues someone else, the executor sues on its behalf. The executor can also enter the estate into new contracts and administer the bank accounts it owns, and so on. The estate can even own a corporation.

  • degamad 18 hours ago

    The estate "inherits" (pun intended) its abilities from the personhood of the deceased. It is in effect a legal "Weekend at Bernie's", keeping the deceased party legally alive in order to continue their interests until those interests can be appropriately disposed of.

    The estate doesn't have independent interests distinct from those of the deceased. (In particular, the estate is not owned by, and does not serve, the beneficiaries.)

    A corporation has independent goals and interests from any of its owners or officers.