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Ash
Ash, Solicitor
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Experience:  Solicitor with 5+ years experience
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Under the English Common Law system: A "natural person” is

Resolved Question:

Under the English Common Law system:
A "natural person” is a living human being. Does a natural person’s name (eg. MR ***** ***** ) represent a legal fiction (artificial person) that is a separate legal entity to the "natural person” ?
If so, was this legal fiction created by the registration of a person's birth certificate (done at their birth)?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
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Customer: replied 1 year ago.
Thanks for the message. I can wait. This is not very urgent.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Could you please explain your situation a little more?
Customer: replied 1 year ago.
Thanks for the response. Explanation: I'm a "natural person" (a living human being), who is capable of independent thought, .... But everything official I do (personal or business) shows my name as as "MR ***** *****"; with a title (Mr) and in ALL CAPITALS. This applies to such as opening a bank account, signing a contract, my Will & Testament, incorporating a company, driving license, passport, .... All these documents are ultimately tied back to my registered birth certificate; which also shows my name as "MR ***** *****". ie. These documents are ultimately tied back to my birth certificate, not me as a person.There are two possible explanations for this:
(1) The name and birth certificate are simply identification as to exactly who you are, nothing more. Simple.
(2) According to the "strawman" argument; The birth certificate is a separate legal entity (legal fiction - strawman) to the 'natural person' who holds the birth certificate. In principle, this "strawman" is essentially similar to a special type of incorporated company - where the natural person is effectively the only shareholder & director of the birth certificate; personal tax returns are the annual accounts, .....I am desperately curious to know if this is it actually true; as it is critical to understand how to apply the law.Most solicitors I've asked tell me (1) is correct, but cannot point to the law where this is stated.So I would greatly appreciate it if you could point me to the Law or legal case (precedent) that clearly states which of these two options is true.Many thanks.
Expert:  Ash replied 1 year ago.
My I ask why you need to know this?
Customer: replied 1 year ago.
Many reasons. I'm a student of philosophy. It's a search for knowledge, wisdom and truth. Part of this is related to a question of "Who are you?" ; which has a legal element of the name. Also, I've acquired an unusual habit or arguing with police and taking cases to court. To date I have no civil or criminal convictions. Normally it's me taking the case to court as a claimant. I just took the government to court and proved an important legal point as correct. A legal point which was the opposite of what my legal counsel advised. Sometimes you only get the truth by real experience and testing a theory. Ultimately I intend to write a book, so it needs to be factually correct and accurate.
Expert:  Ash replied 1 year ago.
I assume you used your own name when you took them to Court?
Customer: replied 1 year ago.
Yes. The point I proved in my last court was two weeks ago. But it didn't relate to this point on names. It was on contract law.
Customer: replied 1 year ago.
I mean yes - I have always used my correct name when in court.
Expert:  Ash replied 1 year ago.
Ok - so why would use that then if you do not consider yourself having a name?
Customer: replied 1 year ago.
It's just a legal question as to whether a name represents a separate legal fiction to the natural person. That's all. It's not a question as to whether I have a name or not.
Expert:  Ash replied 1 year ago.
Ok - you can be called whatever you want. It is the designation you are referred to. Remember the artist Prince who was known as a symbol?Thats fine - but then its the day to day logistics of calling people and recognising people by their designation.So there is no case which says you MUST be called something, but for registration of a birth/death which is required by law, some designation must be given.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
OK. thanks for this. But I need to know where this is stated in law or in legal case (precedent).
Expert:  Ash replied 1 year ago.
Nothing in law that says you have to be named. You dont and as such there wont be a law.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
I understand what you say, but that cannot be correct. Courts insist on using people's correct names; as do the police. I seriously doubt that Prince could get away with being called Prince in a court. I've seen plenty of youtube videos of people giving only their first names in court and the judge having them arrested for contempt of court.So there must be a Law or Act (Statute) that in court you are required to provide the name on your registered birth certificate. Otherwise there would be chaos with people using false names.I once got into trouble for being rude to some corrupt police. They took me to the police station for an interview. For 5 hours I refused to provide them with my name or address. They eventually gave up and didn't charge me. I always suspected that this was as I refused to provide a name.
Expert:  Ash replied 1 year ago.
Yes the Births and Deaths Registration Act 1953
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
perfect thanks

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