All human beings are subjects of law.
Subject is a concept that can be used in different ways. It may be an individual who, in a certain context, lacks identification or name. It can also refer to a philosophical category or a grammatical function.
Law , for its part, can be that which guides the correct, legitimate or appropriate actions of people. The notion is also associated with the norms that express an ideal of justice and that allow the regulation of human behavior and relationships.
With these definitions, we can understand what the idea of subject of law refers to. This is the one to whom rights and obligations can be attributed through the law . All persons, whether natural 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, which are individual citizens who are capable of acquiring rights and obligations. They are also known as natural or natural persons.
-Subjects of collective rights, which are those that are established as legal entities.
It is important to highlight, in this sense, that natural persons or natural persons are all members of the human species. Every human being , by the fact of being born, is a subject of law.
Legal entities , also called legal entities, are not individuals, but entities created by natural persons. Beyond their abstract or ideal nature, they are also subjects of law.
Justice must guarantee respect for the rights and compliance with the obligations of legal subjects.
Protected thanks to the law
This means that human beings, companies , cooperatives, civil associations and non-governmental organizations ( NGOs ), to name 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 complete normality, it is not an invention of today's society but rather has a long history behind it. Specifically, we can determine based on the studies and theories of several experts that it had its origin in the 15th century and it seems that it was then that, for the first time, it was talked about. 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 topic of the subject of law was addressed in its early stages 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.
-The Civil Code of Peru establishes the existence of four different types of legal subjects: the conceived (which is the individual who has yet to be born), the legal person, the natural person and organizations of unregistered persons. such as associations and foundations.