Subject it is a concept that can be used in different ways. It may be an individual who, in a certain context, lacks identification or denomination. It can also refer to a philosophical category or a grammatical function.
Right, on the other hand, it can be what guides the correct, legitimate or adequate actions of the people. The notion is also associated with the norms that express an ideal of justice and that allow the regulation of human behavior and ties.
With these definitions, we can understand what the idea of subject of law. It is the one who can be imputed Rights and obligations through the law. All persons, whether physical or legal, are subjects of law.
Types of subject of law
It is important to know that the subjects of law can be of two types:
-Subjects of individual rights, who are individual citizens who are capable of acquiring rights and obligations. They are also known as natural or physical persons.
-Subjects of collective rights, which are those that come to be constituted as legal persons.
It is important to emphasize, in this sense, that Physical persons or natural people they are all members of the human species. Each human beingBy virtue of being born, he is a subject of law.
The legal persons, also called legal persons, are not individuals, but entities created by natural persons. Beyond their abstract or ideal nature, they are also subjects of law.
Protected thanks to the law
This means that human beings, Business, cooperatives, civil associations and non-governmental organizations (NGO), to cite a few examples of natural and legal persons, have rights that are protected by law. These subjects of law also have obligations that they cannot evade: otherwise, they are punished in accordance with the provisions of the legislation in force.
It is interesting to know that, although today we use the term subject of law with total normality, it is not an invention of today’s society but has a long history behind it. Specifically, we can determine based on the studies and theories of various experts that it had its origin in the fifteenth century and it seems that it was then that, for the first time, it was discussed. The German theologian Konrad Summerhart was the one who proceeded to speak of “subiectum con ius.”
Other curiosities in this regard are the following:
-Among the documents that are kept where the subject of the law was addressed in its first bars are “De justitia et jure” (1553) by Domingo de Soto, “Commentaria in disputationem de justitia et jure quam habet divus Thomae” (1591 ) by Miguel Bartolomé Salón and “De iure belli ac pacis” (1625) by Hugo Grotius.
-In the Civil Code of Peru, the existence of four different types of legal subjects is established: the conceived (which is the individual who has yet to be born), the legal person, the natural person and the organizations of unregistered persons such as associations and foundations.