Restrictions on Capacity to Act Flashcards
Two classes of persons
Two classes of persons are (1) natural persons (human beings), and (2) juridical persons (associations formed by persons)
Two kinds of status of persons
(1) Civil Status, and (2) Political Status
Three classes of Civil Status
(1) Status as member of society (e.g. residency, citizenship);
(2) status as member of family (e.g. single. married, widowed, divorced, and husband, wife, son, daughter, and legitimate or illegitimate);
(3) status with respect to self (e.g. age, sex, mental condition)
The quality derived from being a person such that it is the aptitude of that person to become the subject, active or passive, of juridical relations.
Personality
Art. 37 NCC. Juridical capacity, __________________, is inherent in every natural person and is lost only through _____. Capacity to act, which is ________________, is acquired and may be lost. (n)
Art. 37 NCC. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. (n)
Two kinds of capacity
(1) juridical capacity;
(2) capacity to act
The kind of capacity pertaining to the fitness of man to be the subject of legal relations; refers to aptitude for the holding and enjoyment of rights.
Juridical capacity
The kind of capacity pertaining to the power to do acts with legal effect; refers to the aptitude for the exercise of rights.
Capacity to act
Art. 38 NCC. ___________, the state of _____, ______ and ________ 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 easements.
Art. 38 NCC. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction 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 easements.
Art. 38 NCC. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction are __________, and do not exempt the incapacitated person from ___________, as when the latter arise from _________ or from __________, such as ______.
Art. 38 NCC. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction 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 easements.
What are the causes of incapacity?
The main causes of incapaciy are minority, insanity or imbecility, the state of being deaf-mute, prodigality, and civil interdition. Other causes also include: family relations, alienage, absence, insolvency, and trusteeship. Others are also found in the Rules of Court and in other legal provisions
What is the age of majority by virtue of RA 6809?
The age of majority by virtue of RA 6809 is 18 years old.
Republic Act which amended the age of majority, bringing it to 18 years instead of the original 21?
Republic Act 6809
Can an umencipated minor enter into a contract?
No, an unemancipated mimor cannot enter into contracts BUT he may be stopped from disavowing his contract if he has meislead the other party as to his age (Mercado v Espiritu)
May a person be estopped from disavowing a contract when he or she did not have any misrepresentation as regards his legal capacity?
No, a person may not be estopped if there is no misrepresentation as regards his legal capacity (Balamban v Maramba). Only when there exists misrepresentation shall a person be estopped (Mercado v Espiritu).
