Private Law Theory

ABSTRACT
The article is of a scientific and research nature and contains the results of research conducted in the areas of Polish civil and commercial law. The subject of the research was whether a juridical person is entitled to the personal interest in the form of identity and the right to identity. The aim was also to define the features and characteristics that determine the identity of a juridical person. Undertaking to analyse the issue is not only of theoretical importance but also of practical importance due to the problem of infringement of the right to identity of a juridical person. In the sphere of private law, identity as a personal right can be understood in two ways. A distinction should be made between an internal sense of identity, which is expressed in an awareness of uniqueness and distinctiveness, and an external sense of identity, which is a set of characteristics that allows a particular entity to be individualised and identified. The main thesis boils down to the assertion that a juridical person is entitled to identity as a personal interest and the right to identity. The identity of a juridical person means its sameness and can only be approached in the external aspect. Identity thus understood needs to be distinguished from other personal interests of the legal person, such as in particular its goodwill, image or privacy. The assessment of the significance and classification of the elements of the structure of a juridical person allowing its identity to be determined makes it possible to distinguish among them distinctive signs, identification markings, structural and organisational factors.

Katarzyna Kopaczyńska-Pieczniak, Identity of a Juridical Person, Studia Iuridica Lublinensia volume 34, no 1 (2025).