Chapter 4: Intro to Status Flashcards
STATUS
Legal subjects standing in the legal world
Position of legal subject in the legal world
Role legal subject plays in legal intercourse
Function of the person in his/her capacity
LEGAL CAPACITY
The capacity to participate in legal intercourse
FACTORS INFLUENCING STATUS
- Age
- Domicile
- Extra-marital birth
- Prodigality
LEGAL CAPACITY INCLUDES CAPACITY TO…?
- Hold office as legal subject. E.g to be a spouse etc.
2. Have rights and obligations from holding such offices.
CAPACITY TO ACT
- Capacity of legal subject to perform in legal intercourse
- Capacity to conclude juridical acts e.g concluding contracts, drafting/concluding Will.
- Voluntary performance that brings legal consequences.
FACTORS DETERIMING CAPACITY(3)
- No capacity
- Limited capacity
- Full capacity
CAPACITY TO LITIGATE
Legal subject can participate in legal intercourse as litigant in PRIVATE LAW ACTION.
Litigant- Plaintiff, defendent, applicant or stand before the court-
LOCUS STANDI IN IUDICIO
A persons capacity to litigate
CAPACITY TO BE HELD ACCOUNTABLE FOR CRIMES AND DELICTS
Accountability is largely influenced by Age and a persons mental condition
TEST FOR ACCOUNTABILITY
- Criminal capacity
2. Capacity for fault
TYPES OF CURATORS
- Curator Persona
2. Curator Bonis
DUTIES OF CURATOR
- Manage affairs of person under curatorship in a caring and careful manner.
- Avoid any conflict between his curator’s own affairs and those of the person under curatorship
- Assist person under curatorship in legal proceeding
REQUIREMENTS FOR CURATOR APPOINTMENTS
- Person in question must suffer from mental or physical disorder, not being able to manage own affairs.
- Evidence for support of fact through affidavit from: Neurologist and Psychiatrist.
TERMINATION OF CURATORSHIP
- Person under curatorship dies
- Curator dies
- Curators task is fulfilled or times lapses
