CHAP 2: LEGAL SUBJECTIVITY Flashcards
LEGAL SUBJECTIVITY BEGINS WHEN:
it begins at birth-the minute one starts to breath/technical birth
REQUIREMENTS FOR LEGAL SUBJECTIVITY
- the foetus must be moved from mother’s womb through technical birth
- the foetus must have breathed and lived even for a short while
NASCITURUS DEFINITION
nasciturus is the unborn baby/child
NASCITURUS FICTION ENTAILS:
- applies that the adage can be applied if the baby is born alive
- the third party can only benefit from the adage if the baby was born alive with proof
- benefit can be accrued if is advantageous to the nasciturus
PATRIMONIAL INTERESTS- INTESTATE SUCCESSION
a. Intestate succession is when the deceased didn’t leave a will then nasciturus cannot benefit if born after delatio.
PATRIMONIAL INTERESTS-TESTATE SUCCESSION
b. Testate succession is when the deceased left a will for a class meaning every child benefits, even nasciturus is born alive
PERSONALITY INTERESTS IN TERMS OF CLAIMS BY NASCITURUS
a. Delict claims means the child can claim for damages accrued when he/she was still a nasciturus but can provide proof for allegations
PERSONALITY INTERESTS BY NASCITURUS FOR CUSTODY
b. Custody: when the child is conceived during divorce the settlement can be made involving issues of the child to avoid further court visits
LEGAL OBJECTS DEFINITION
it is typically something with economic value in a relatively scarce manner and relates to demand and supply relationship
CATEGORIES OF LEGAL OBJECTS (A)
- Corporeal thing refers to all non-human materials
- subjective right : real right
CATEGORIES OF LEGAL OBJECTS (B)
- Immaterial property refers to things created by the human mind
- subjective right: immaterial property right
CATEGORIES OF LEGAL OBJECTS (C)
- Personality property refers to individual personality
- subjective right: personality right
CATEGORIES OF LEGAL OBJECTS (D)
- Performance is an act by somebody else
- subjective right: personal right
