1) PRESUMPTION THEORY: This theory is based on the idea that only human beings can have rights and debts. However, emerging needs, such as the fact that many people have rights, have necessitated the establishment of legal entities as it has been realized that the exercise of a right by more than one person does not provide the desired result. Today, for this reason, “artificial” entities, which are not real persons, are also characterized by personality. These are artificial entities created for practical convenience. According to the theory, since legal persons are not real persons, they can only exercise their capacity to act through their representatives. This is because unreal entities do not have a will.
2) THE THEORY OF REALITY: According to this theory, legal persons are real persons just like us and should be recognized as such. The only difference is that they do not have material existence. Legal entities have the capacity to act just like human beings and, like human beings, they have organs through which they carry out their activities. The actions of these organs also mean that they have the capacity to act. Contrary to the theory of assumption, organs are not representatives. In other words, the legal entity is directly responsible for the wrongful acts of the organ.
Today, theories have had an impact on the legal nature of legal persons. Today, especially the traces of the reality theory are observed. Today, legal entities have the capacity to act and use it through their organs. When the organs of legal entities commit unlawful acts, the legal entities are responsible for them.( Articles 49 and 50 of the TMK) Nevertheless, it is not consistent to limit legal entities to a specific model. Because law makes legal arrangements according to the needs of society. Therefore, in today’s law, legal entities are influenced by every theory.
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