Part 1 Chapter 3

Question 1

Definition of legal relationship

Answer 1

Any social relation regulated by law, consisting of granting a subjective right to one of the subjects and imposing a duty/an obligation on the other.

Question 2

Elements of legal relationships

Answer 2

1. Subject
2. Object
3. Fact
4. Guarantee

Question 3

What is a subject and what are its types

Answer 3

Subjects of a legal relationship are persons, natural or legal persons
There are active and passive subjects:
Active: Holds the right
Passive: Party bound by the obligation

Question 4

What is legal personality

Answer 4

Ability to hold rights and to be subject to obligations, it is a qualitative concept, there are no levels of degree, you either are or are not a legal person.

Question 5

What are natural persons

Answer 5

Physical persons/individuals.
Acquire legal personality at moment of birth, which has to be a complete birth and the new-born has to be alive.

Question 6

What are legal persons

Answer 6

Are organizations, created with legal purpose, to which the law recognizes the ability of having rights and being bound by obligations

Question 7

Types of legal persons

Answer 7

1. Organizations where the personal elements prevails:
   Associations (including companies and nonprofit orgs)
2. Organizations where the patrimonial elements prevails:
   Foundations

Question 8

What is legal capacity

Answer 8

A measure of rights and obligations, it is a quantitative concept.

Question 9

Types of legal capacity

Answer 9

1. Generic
2. Specific
3. Legal capacity to enjoy
4. Legal capacity to exercise

Question 10

What is generic legal capacity

Answer 10

Includes the totality of the rights and obligations recognized in a legal order

Question 11

What is Specific legal capacity

Answer 11

Includes only certain categories of rights and obligations, may be specific in what concerns enjoyment and exercise

Question 12

What is legal capacity to enjoy

Answer 12

Measure of rights and obligations that a person may hold or be subject to.

Question 13

What is legal capacity to exercise

Answer 13

Measure of rights and obligations that a person can exercise, per se, personally and freely

Question 14

Do minors have full legal capacity?

Answer 14

No.
They have generic legal capacity to enjoy.
They have specific incapacities to enjoy, like the right to vote, obtain a driver’s license or to marry until the age of 16.
Minors do not have legal capacity to exercise.
Only specific capacity to exercise.

Question 15

What is legal incapacity

Answer 15

Measure of rights and obligations a person is incapable of holding or being subject to. It is possible to have a generic capacity to enjoy and at the same a generic incapacity to exercise.

Question 16

Can incapacity be remedied

Answer 16

Capacity to enjoy cannot be remedied, however it is possible to remedy incapacity to exercise.

Question 17

What are legal means to remedy incapacity

Answer 17

Legal institutes created to solve the technical and legal problems arising in connection with a situation of incapacity. (Paternal authority and legal guardianship).

Question 18

What are Natural persons and their legal capacity

Answer 18

Any human being, who acquired legal personality at the moment they are successfully born. The capacity of a natural person can be subject of any legal relation, unless otherwise provided by the law.

Question 19

Legal persons and their legal capacity

Answer 19

Orgs, created with legal purpose, which the law recognizes the ability of having rights and being bound by obligations (legal personality).
Capacity to enjoy is limited, only includes all rights and obligations necessary to complete its legal scope/purpose. Exception is made to rights and obligations excluded by law or inseparable from natural persons.

Question 20

Legal persons and their legal capacity to exercise

Answer 20

Carried out through corporate bodies, through which the legal person shall exercise its rights and comply with its obligations

Question 21

Object of Legal relationshps

Answer 21

1. The immediate object, which is a set of rights and obligations
2. The mediate object: things and conducts.

Question 22

What are things in a legal sense

Answer 22

Inert and autonomous realities that are susceptible of ownership or legal effect

Question 23

Types of legal things

Answer 23

1. Things in commerce/out of commerce
2. Moveable/non-moveable things
3. Fungible/Non-fungible things
4. Consumable/Non-consumable things
5. Divisible/Non-divisible things
6. Existent/future

Question 24

What are non-moveable things

Answer 24

1. Rural and urban properties
2. Bodies of water
3. Trees, shrubs and natural fruits, while connected to the soil
4. Rights inherent to the properties mentioned
5. Integrant parts of rural and urban properties

Question 25

What are moveable things

Answer 25

Everything that was not listed as an non-moveable thing

Question 26

What are fungible things

Answer 26

Goods that are measured by type, quality, and quantity. Things that can be replaced by others of the same type, quality or quantity.

Question 27

What are non-fungible things?

Answer 27

Things that cannot be measured by genre, quality, quantity nor can they be replaced by others of the same genre, quality or quantity

Question 28

What are conducts

Answer 28

In certain cases, the object of a legal relationship is a specific conduct that is due/must be adopted.
Mr.Luck’s book must be returned within a certain deadline.

Question 29

Types of conduct

Answer 29

1. De Dare
2. De facere
3. De non facere

Question 30

De dare conduct

Answer 30

Required conduct is related to a thing, to the obligation of delivering something.
You bought a ring, you are entitled to it.

Question 31

De facere conduct

Answer 31

Required conduct is an action or an activity. The conduct consists of doing something
To lecture a class or to do a surgery.

Question 32

De non facere

Answer 32

Required conduct is an omission or an obligation to tolerate something
Obligation not to build in a certain land.

Question 33

What are fungible obligations or conducts

Answer 33

Fungible obligation or conduct that can be carried out by a person other than the debtor with no prejudice to the creditor
A lends 50 to M, indifferent whether payment comes from M or third party

Question 34

What is a non-fungible obligation or conduct

Answer 34

Things that can only be carried out by the debtor and not by anyone else.
Ana asked Carolina, a famous interior designer to decorate her new home, having someone else do it is unacceptable.

Question 35

What are Legal facts

Answer 35

Events/occurrences that generate legal effect

Question 36

Types of legal facts

Answer 36

1. Natural facts (Earthquakes, tsunamis, tornadoes)
2. Voluntary human facts or legal acts

Question 37

What are the types of voluntary human facts or legal acts?

Answer 37

1. Simple legal acts
2. Legal business

Question 38

What is a legal act?

Answer 38

An expression of will which, produces legal effects. Maria punches Carlota, thus liable to pay damages

Question 39

What are legal businesses

Answer 39

Acts carries out with the intent of producing legal effects:
1. Unilateral: Legal businesses where there is only one will, one party (Will/Testament)
2. Bilateral: Legal business requires the will of two or more people, pursuing different interests that come together in order to obtain an agreement (Contract)

Question 40

Legal facts can be

Answer 40

1. Constitutive: Facts that generate legal relationships.
2. Modifying: Facts that change legal relationships
3. Extinctive: Facts that extinguish legal relationships (Payment of debt)

Question 41

What is a guarantee

Answer 41

The possibility of resorting to public force in order to obtain the satisfaction of the rights/interests of the active subject and to enforce compliance of the passive one.