Legal personality-Human Beings Flashcards
1) could you define legal personality
the acknowledgement that an entity is capable of exercising certain rights and being subject to certain duties under a particular system of law.
It is a qualitative concept and a prerequisite to Legal Capacity.
which transition is within acquisition legal personality
Acquisition of Legal Personality is within the transition of Natural Persons (human beings individually considered) to Legal Subjects (entities to which law acknowledges liability, the ability to hold rights and duties).
In, portugal whn is legal personality acquired
In Portugal, humans acquire Legal Personality upon complete birth and lose it upon death. (In certain cases a “conceived yet unborn” child can be protected by legal system by attributing personality as it is a holder of legal expectation to inherit.)
define legal capacity
Legal Capacity determines which rights and duties the subject may be a holder of.
what is legal capacoty of enjoyment
Legal Capacity of Enjoyment, which is the abstract perspective of Legal Capacity and flows from the concept of inherit dignity of a person, that is, almost all legal persons can benefit from activities such as lying in the sun. There are situations prescribed in the law in which there is incapacity of enjoyment because there is no right (for example, a minor can’t adopt).
what is capacity of exercise?
what extent each person is admitted to exercise those rights and comply with those obligations without assistance.
3)Which one is qualitative and which one is quantitative?
Legal Personality is qualitative and Legal Capacity is quantitative.
4)Take the age of 18 years, why is it an important landmark from a legal point of view
A minor (person under 18 years old) cannot enjoy the Capacity to Exercise, instead, they require representation from a parental authority or legal guardian.
And in general how do legal systems handle situations in which it is manifest and apparent that a person is unable to handle all their rights and duties without assistance? (here distinguish an answer for Minors versus an answer for persons 18 years or older).
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However, an individual who is judicially disabled still has Legal Personality but might have diminished legal capacity of exercise, to solve this issue they might be appointed a tutor, in the case of interdiction, who makes the decisions for the individual in question, or a curator, in cases of inabilitation, who manages and oversees these individuals and is only a helper in measure he is needed
