1) ASSUMPTION THEORY: This theory is based on the idea that only people can have rights and obligations. However, the emerging needs necessitated the establishment of legal entities, since it was understood that the use of a right by more than one person did not provide the desired result, for example, in cases where many people have rights. Today, therefore, personality traits have been added to “artificial” entities that are not real persons. They were artificial entities created for practical convenience. According to the theory, since legal entities are not natural persons, they can only exercise their capacity to act through their representatives. Because unreal beings have no will.
2) REALITY THEORY: According to this theory, legal entities are natural persons just like us and should be accepted as such. The only difference is that they have no tangible assets. Legal entities also have the capacity to act just like people, and they have organs in which they carry out their activities, just like people. The movements of these organs also mean that they have the capacity to act. Contrary to hypothetical theory, organs are not representatives. In other words, the legal person is directly responsible for the wrongful acts of the body.
Today, theories have had an impact on how legal entities will have a legal character. Today, traces of the theory of reality can be found especially. Today, legal entities have the capacity to act and use them through their organs. When the bodies of legal persons act against the law, legal persons are responsible for them. (Article 49 and 50 of the TMK). Because the law makes legal arrangements according to the needs of the society. Therefore, in today’s law, legal persons have influences from every theory.
