Topic 4 - Law of persons Flashcards
What can people do and what types of peope are there?
Persons have the ability:
i) To hold rights
ii) To assume obligations
There are two types of people:
i) Natural people -
ii) Artificial people - e.g. a company
Emancipation:
What is it?
What can and can´t you do?
Ways in which the emancipated status can be attaint?
What is it?
An emancipated minor can act by him/herself. He/she does not need to be represented by his/her parents anymore.
Emancipation can only be granted to a minor who is 16 or older. Once granted, the emancipation is generally IRREVOCABLE.
What can and can´t you do?
Can act as if he/she was of legal age with two exceptions:
i) He/she can´t borrow money
ii) He/she can´t encumber or sell immovable property, commercial and industrial establishments, nor goods of an extraordinary value.
Ways in which the emancipated status can be attaint:
i) Emancipation granted by the parents. Public deed before a Notary Public.
ii) Emancipation granted by a judge.
iii) Independent life from the parents (physically and economically) with the parent´s consent.
iv) Marriage.
What does Incapacitation mean?
Who determines if a person is incapacitated or not?
Who will be appointed?
Limitation or deprivation of a person´s legal capacity by a judge because the person has a mental or physical impossibility to understand the consequences of his/her acts.
Mental or physical illness, advanced age, chronic use of drugs and any other anomaly if persistent and leading the person to not having enough understanding to perform legal acts.
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Necessary JUDICIAL DECISION. The judge will determine extent of the incapacity.
A tutor or a curator will be appointed depending on the case.
What does article 29 say?
Article 29.
Birth determines personality; but the child conceived shall be deemed already born for all purposes favourable to him, provided that he should be born meeting the conditions expressed in the following article.
What does artiicle 30 say?
Article 30.
Legal personality is acquired at the time of live birth, once the complete detachment from the mother’s womb has taken place.
What is an artificial person?
What does it do?
Artificial persons act in legal traffic through natural persons who represent them.
What is the deffinition of Civil Capacity ?
Civil or natural capacity:
The civil or natural capacity is the capacity to hold legal rights.
Civil capacity of natural persons starts with birth and ends with death. Nobody can be deprived of civil capacity.
YOU GET THIS WHEN YOU ARE BORN
What is the deffinition of Legal capacity?
Legal capacity
The legal capacity is the capacity to manage and exercise the legal RIGHTS and OBLIGATIONS that a person holds.
Natural persons obtain legal capacity when they turn 18. A person of legal age is capable for all acts of the civil life, except for special cases (ADOPTION)
What are the different types of Legal capacity?
i) Complete legal capacity
People of legal age who are mentally and physically able to execute legal acts.
ii) Limited legal capacity
A) Minors: parents will represent the minor (parental authority). In the absence of parents, 1 or 2 tutors will be appointed by the JUDGE. THEY CAN MAKE A WILL AT THE AGE OF 14.
B) Incapacitated persons:
a. Tutor: If the incapacitated person cannot do anything by him/herself. Represents the person.
b. Curator: There are only certain acts (established by the judge) that the incapacitated person cannot do by him/herself. CANT REPRESENT THE PERSON.
Minors and their legal limited capacity:
Minors have their legal capacity limited they need to be represented by their parents or tutors.
In some cases the Law allows the minors to act by themselves or provides for their opinion to be taken into account.
Examples: - From age 14 a person has testamentary capacity - From age 12 a person needs to consent to be adopted
