Legal Subjects and Personality Attributes
Derexo Subjects
Individuals holding derexo, obligated to fulfill a legal duty.
Natural Persons
All individuals of the ESPC, any age, sex.
Natural Existence
Starts with conception, representing the difficulty in establishing the exact moment. The Civil Code establishes the presumption of derexo to determine the time.
Legal Existence
Begins with birth: (a) complete separation of the infant from the mother, (b) survival of at least 1 minute after separation.
Termination of Existence
Legal
Ends with death, including childbirth death (2 types):
Natural Death
Cessation of vital functions.
Presumed Death
The person is missing, and all possible steps to locate them have been taken. Requirements: Absence for a significant time from the last residence (5 years), no news, and all possible steps taken to locate.
Legal Persons
Fictitious people capable of acquiring derexo and obligations, represented judicially and extrajudicially.
Public Legal Persons
Institutions funded by taxes (state, municipalities).
For-Profit Legal Persons
Societies: A contract where 2+ people agree to contribute something in common, intending to divide profits. Private derexo is born under the partnership contract, terminated according to the contract.
Non-Profit Legal Persons
- Corporations: Group pursuing a lawful, non-lucrative order.
- Foundations: Assets contributed by a founder for a non-profit purpose.
Both are born under a Presidential Decree.
Special Legal Persons
Entities not fitting the above categories (cooperatives, neighborhood associations, unions).
Personality Attributes
Capacity of Enjoyment
Suitability of persons for holding or acquiring derexo.
Name
Set of words used to identify a person judicially.
- Marriage: Married or in a similar state.
- Relationships other than marriage: Parents are not married but have recognized, leading to the recognized name.
- Unknown affiliation: Parents are not married or recognized.
- Renaming: Allowed once in a lifetime (ridiculous name or surname, no known descent).
Nationality
A legal bond joining a person with a State, establishing reciprocal obligations.
Birth of Legal Personality
- Biological Sources: Based on birth (Ius Solis: nationality by birthplace, Ius Sanguinis: nationality by parentage).
- Political Sources: Artificial link between person and State (Letter of Nationalization, Nationalization by Grace).
Address
Residence with real or intended permanence. (Material element: residence, Psychological element: intention to stay). Types: (1) Political (state territory), D status (specific part of state territory), (2) Voluntary (freely chosen), Legal (imposed by law), (3) Conventional (fixed in a contract).
Heritage
Derexo and obligations belonging to a person, valued in money. (Active: Derexo, goods valued in money, Liabilities: liabilities and expenses valued in money).
Marital Status
Permanent quality of an individual in society, stemming from family relations, creating derexo and obligations.
Legal Facts
Events in time and space with legal consequences.
Legal Events
Expression of will according to the law to create, modify, transmit, or extinguish a derexo.
- Unilateral: Requires one will (e.g., will-supply).
- Bilateral: Requires two or more wills (agreement of will).
- Free: Only one party is bound (e.g., heir).
- Consideration: Both parties are obliged to benefit each other (e.g., buying and selling).
- Between living: Impacts the authors’ lives.
- Mortis causa: Effects after the author’s death.
- Major: Effects by themselves, no additional act needed.
- Accessories: Ensure fulfillment of a principal act.
- Heritage: Facts and obligations valued in money (e.g., buy-sell), others are family acts.
Essential Elements
Without which the act has no effect or changes into another.
Nature Elements
Belong without a special clause.
Accidental Elements
Not essential or by nature, added by special clauses (condition, delay, mode).
Requirements for Existence
Without which the act is not born into legal life.
Requirements for Validity
For the act to be born into legal life.
Will
Power to do what one wants.
Validity Requirements
- Error: False concept of reality (derexo error: misconception of law, factual error: misconception of person, thing, or situation).
- Force (Contract): Physical or moral pressure to express will.
- Dolo: Positive intention to cause harm.
Exercise Capacity
Ability to exercise derexo without authorization.
Inability to Exercise
- Absolute: Insane, prepubertal.
- Relative: Younger adults, prodigal spendthrifts.
- Special: Law prohibits certain acts for specific persons.