[lbo-talk] Bernie Sander's "saving democracy" amendment

c b cb31450 at gmail.com
Mon Feb 6 08:32:20 PST 2012


Michael Pollak

IIUC, legally speaking, a person is any entity that can sign contracts. There is a distinction between "natural" persons (flesh and blood) and all other kinds of persons. But if you abolish the legal personhood of corporations, you abolish their ability to sign contracts, and thus to function.

Michael

^^^^ CB: Much of contract law is statutory . The whole Uniform Commercial Code is statutory. There is nothing in the law now that says only natural persons can sign contracts. Before the legal fiction of the personhood of the corporation, corporations had contracts. The statutes on contracts could just provide that the corporation designate officers authorized to bind the corporation in contracts. In fact ( and at law; giggles) , that is what there is now. Binding corporations in contract does not legally rely on to the personhood of the corporation doctrine.



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