Persons and Civil Personality Flashcards
What is a person?
A person is every physical or moral, real or juridical and legal being susceptible of rights and obligations or being the subject of legal relations.
What is Personality?
The aptitude to be the subject, active or passive, of juridical relations. One is a person, while one has personality.
What are the kind of Persons?
(1) Natural - human beings/physical existence; and
(2) Juridical - artifical persons.
What is Juridical Capacity?
Fitness to be the subject of legal relations; Inherent; Only through death; Can exist without capacity to act; and no limitation.
What is Capacity to Act?
Power to do acts with legal effect; fulmillment of certian legal activities; Through death and other causes; Cannot exist without juridical capacity; restricted or modified under art. 38 and art. 39.
Does a person have a capacity to act?
Yes, a person is presumed to have capacity to act.
Explain Status of a Person?
The legal CONDITION or CLASS in a society.
Explain Civil Personality?
External manifestation of either juridical capacity or juridical capacity or can be subjected to rights and obligations.
What are the Restrictions on Capacity to Act?
MIDIPC. Minority; Insansity; Deaf or mute; Imbecility; Prodigality (declared); Civil Interdiction
What are the Circumstances that Modify Capacity to Act?
- Insanity;
- Prodigality;
- Age;
- Imbecility;
- Deaf-Mute;
- Family Relations;
- Alienage
- Trusteeship;
- Penalty;
- Insolvency; and
- Absence.
What determines personality?
Birth
Does a conceive child considered born?
Yes, for all purposes that are favorable to it, provided it is born later subject to Art. 41
What is actual/permanent personality?
Personality begins at birth, not at conception.
What is presumptive/provisional/temporary personality?
The law considers the conceived child as born provided it be born with the condition set by Art. 41.
Explain “ born later in accordance with law”.
(1) A foetus with an intra-uterine life of less than 7 months must survive for atleast 24 hours after its complet delivery; Atleast 7 months considered born even if it dies 24 hrs after complete delivery.
Explain Complete Delivery?
It means the cutting of the umbilical cord from the mother’s womb.
Why a concieved child’s personality is provisional?
It depends upon the child being born alive later under certain conditions.
What are the rights of a conceived child?
SAD
Support;
Acknowledged (To be);
Donations (Recieved);
What is the effect of Death on Civil Personality?
Death extinguishes civil personality. However, the rights and obligations of the deceased are not necessarily extinguished by his death.
What apply in case of who died first which involves successional rights?
Survivorship Rule which provides the presumption of simultanous deaths between persons called to succeed each other In the absense of facts.
What apply in case of who died first which involves no successional rights?
Rules of Court which provied the presumption of survivorship in the absense of facts (died).
Presumption of survivorship is invalid if?
If proven. Burden of proof unto him. If not proven, presumption of survivorship applies.
Requisites of presumption of survivorship?
Two or more persons;
Perish in the same calamaity;
Not shown or no evidence or cirumcanstes to prove who died first
Survivorship: borth under 15 of age?
Older presumed to have survived.
