The Person Flashcards
What is The Person?
All those who have a role to represent in civilian life, they are capable of holding rights and obligations.
Legal classification of Person
Natural Person: Human being who’s is capable of assuming obligations and holding rights.
Legal Person: Entities endowed with judicial personality in front of the State and with an economic goal in society.
Legal Person
Legal entity with a private or public interest that has a legal capacity established by statuary documents.
Elements of Legal Person (6)
- Subject: liable with obligations in a judicial relationship.
- Will of subject: aim of producing a legal effect.
- Subjective rights: ensures judicial protection.
- Legal personality
- Obligations: judicial bond between the demand of subjective right by holder and fulfilment duty by other party.
- Economic interests.
Association
Group of people/ common objectivists/ nonprofit
Foundation
Organization/ serving public news/ nonprofit/ independent legal personality form founders
Natural Person
Possesses legal personality that is the possibility to be the active or passive subject of legal relations; and capacity to act that refers to the ability to be subject to rights and obligations with capacity to exercise them.
Civil Status
Legal situation a person has at a specific moment in a specific society in front of the State and the ability of exercising rights and holding obligations.
Personality
Starts at birth by the attribution of legal rights.
- requirement: be alive outside the womb
- proof: birth certificate
- extinguished: death, Brian death or missing for 10, 5 or 1 year.
Age
Determines the capacity of the person to exercise their rights and assume obligations (requires maturity).
- Legal maturity age: 18 (earn all rights)
- specific cases, age majority is not enough: adoption (25yo)
- emancipation: enhancing the rights of a minor (from 16 onwards). Limitations apply until it becomes of age.
Nationality
Link between a person and a country. It determines obligations and rights - affected rights ---- migration ---- political rights ---- developing identity and belonging
Acquired at birth either through Ius Soli or Ius Sanguinis.
Acquired citizenship through naturalisation
- Ordinary naturalisation: upon certain period of residence in the country.
- Special naturalisation: due to specific considerations
Losing nationality
- acquisition of another one
- as punishment
- giving up the nationality.
Ius Sanguis –> By descent
Main Criteria in Spain.
Children of Spanish father or mother, regardless of whether they were born in Spain are granted Spanish Nationality. –> Includes adoption
Ius Soli –> By territory
Second criteria used.
Avoiding Foreign families generations that are born in Spanish territory.
Avoiding Statelessness (people born in Spain of foreign parents get nationality if):
- country of foreign parent does not granted nationality.
- filiation is unknown
- statelessness
Nationality in Europe
Predominately Ius Sanguinis
No country grants automatic and unconditional citizens to children bro in their territories to foreign citizens.
Ius Soli usually applies if foreign parents lived in the country before the birth fo the child.
Incapacity
Only court can declare incapacity by what is legally stated as such (cause preventing person of governing oneself):
- persistent physical and/ or mental illness.
- other deficiencies.
- — Prodigality: recurrent behaviour that jeopardises, without justification, one’s own patrimony/ careless administration.
Incapacity is juridically attributed and determined (its limits and extents) as well as guardianship rules.
Minors can be granted incapacitated by court under parent/ tutor’s request only if the illness if found to be persistent.
