chapter 6 Flashcards
juridical persons
those created by law
-is an artificial person whose rights arises from law
-it is organized from some very specific purposes, with corresponding rights and obligations.
-It’s existence is distinct and separate from those who organize or comprise it
example of juridical persons
-State such as municipals
- corporations, institutions, and entities for public interest
corporations and partnership for private interest
rights of a juridical person
a. to acquire and possess property of all kinds
b. to incur obligations
c. to bring civil or criminal actions
civil interdiction
restriction to juridical capacity that every person who on account of insanity has become incapable of controlling his own interest can be put under the control of a guardian who shall administer his affairs with the same effect as he might himself.
art 40
Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.
art 41
For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
art 42
Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.
capacity to act
power to do acts with legal effects
extinguishment of civil personality
- parental authority ends
- absolute community of property or conjugal partnership property is terminated
- in case of agency, the death of the principal of agent terminated the agency under art 1919 of CC
- death of the convict extinguished the penalty imposed by law as service of penalty but his estate may be held liable for civil obligation in a civil liability
