Civil Personality Flashcards
What is juridical capacity?
The fitness to be the subject of legal relations which is inherent in every natural person and is lost only through death.
What is capacity to act?
The power to do acts with legal effect, which may be acquired and may be lost.
What determines the personality of natural persons?
Birth
When does civil personality of a natural person commence?
Civil personality shall commence from the time of his conception, for all purposes favorable to him
Under Art. 41 of the Civil Code, what are the requirements for civil personality to commence from the time of the child’s conception?
For civil purposes, the foetus is considerd born if it is alive at the time it is completely delivered from the mother’s womb.
However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb
How is civil personality extinguished? What is its effect on rights and obligations?
Death. It extinguishes criminal liability but civil liability remains
Under Art. 43, what are the rules to follow when determining the transmission of rights?
- If there is a witness, then their account should be followed
- If none, then whoever alleges the death of one prior to the other shall prove the same;
- In absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other
Rules of survivorship under Sec. 3 par. jj of Rule 131 Rules of Court (5)
- If both were less than 15 years old, older is deemed to have survived;
- If both were above 60 years old, younger is deemd to have survived;
- If one is under 15, the other above 60, the one under 15 survives
- If both be over 15 and under 60, and sex be different, male is deemed to have survived, if sex is the same, the older survives
- If one is under 15 or over 60, the other between those ages, the one between 15 and 60 survives
Under Art. 44, these are juridical persons (3)
- State and its political subdivisions
- Corporations, institutions and entities for public interest or purpose, created by law
- Corporations, partnerships, and associations for private interest or purpose to which a law grants juridical personality
The State and public corporations are governed by what law?
The laws creating or recognizing them
Private corporations are regulated by what law?
Laws of general application on the subject
Partnerships and associations are governed by what law?
Provisions of the Civil Code concerning partnerships
Upon dissolution of public corporations, how shall their properties be disposed?
In pursuance of law or charter creating them. If none, the similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same
Differentiate juridical capacity from capacity to act (3)
- Juridical capacity is the aptitude to hold legal rights, while capacity to act is the aptitude to exercise such rights
- Juridical capacity is inherent in a person, while capacity to act is not
- Juridical capacity is only lost upon death, but capacity to act may be lost by any valid cause provided by law
Can a person have full capacity to act?
No. There will always be a restriction
Under Art. 38 of the Civil Code, these are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easemenets (6)
- Minority
- Insanity
- Imbecility
- State of being a deaf-mute
- Prodigality
- Civil interdiction
These circumstances modify or limit capacity to act under Art. 39 of the Civil Code (11)
- Age
- Insanity
- Imbecility
- State of being a deaf-mute
- Penalty
- Prodigality
- Family relative
- Alienage
- Absence
- Insolvency
- Trusteeship