4. Subjects Flashcards
4A. Subjects of legal relations
Philippine Civil Code, Article 37.
4A. Subjects of legal relations
Philippine Civil Code, Article 37.
Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.
Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.
4B. States Montevideo Convention on the Rights and Duties of States, Art. 1.
4B. States Montevideo Convention on the Rights and Duties of States, Art. 1.
The State as a person of international law should possess the following qualifications:
(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.
4C(1). International organizations
ILC (International Law Commission) Draft Articles on the Responsibility of International Organizations, Art. 2(a).
4C. International organizations
ILC Draft Articles on the Responsibility of International Organizations, Art. 2(a).
“[I]nternational organization” means an organization established by a treaty or other instrument governed by international law and possessing its own international legal personality.
4C(2). International organizations
ASEAN Charter, Art. 3.
ASEAN Charter, Art. 3.
ASEAN, as an inter-governmental organization, is hereby conferred legal personality.
4D. Juridical persons
Philippine Civil Code, Art. 44.
4D. Juridical persons
Philippine Civil Code, Art. 44.
The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.
