Understanding Legal Personhood: Rights and Obligations
Person: It’s all being (all that exists or can exist) layers of acquiring rights and obligations.
Types of People
- Natural person: All integers with characteristic signs of humanity without distinction or physical accidents are people visible.
Beginning and End of the Existence of a Natural Person
The existence begins at conception in the womb. Since then, rights can be acquired (e.g., an unborn child already has the right to life). It is considered a birth when the birth attendants are signs of life.
End of the existence of the natural person may be a natural death (corpse or fact that justifies the death), a civil death (life imprisonment or a priest), absence and presumed death (when a person disappears for a prolonged time can be: ordinary 3 years, an extraordinary two years when his death is a war, earthquake, etc.. Extraordinary General 6 months in case of being lost in a shipwreck, plane or lost)
- Legal entities: They are all entities capable of acquiring rights or contract obligations, there are people visible (National State, Church) and can be public or private.
Attributes of Personality
The natural person has certain attributes which of them can not be denied as the name, status, capacity, home, and heritage.
Name
The name is the means by which it identifies people within society, is immutable, inalienable, and binding.
- Pseudonym: It’s a different name, used as a way to replace or hide your own. (e.g., artist name)
- Nickname: This is a qualifier used by family or friends to nominate a person.
Notes on the Name with Respect to Children
You can not use ridiculous names, extravagant, and so on. Can not register more than three names, or names by name, or names of siblings alive. Neither foreigners unless they fall under a parent enrolled.
As for the name, it was established that marital children take the father’s name, that the extramarital bearing the name of the parent to recognize them, that the adoptive parent adoptive, that the unrecognized take the assigned to them by a registrar.
Notes on the Name with Respect to Women
It was determined that the married woman shall be optional to take the surname of her husband with the preposition “de”. In case of divorce will be removed from the former husband’s surname in the woman if the cause was this already or if the deceased was the husband should she choose to continue taking it or not (e.g., work If it was known by the name former husband) and with respect to the widow this may require the suppression of civil registration of her late husband’s last name.
Marital Status
The legal position that people occupy in relation to the family. Can be considered from the viewpoint of the relationship (child, parent, etc.). Or of a marriage (married, single, widowed, etc).
Capacity
The ability of individuals to acquire rights and obligations may be:
- Law: The ability to have rights.
- Fact: The ability to exercise.
Inability of Law
Is not being able to hold one or few rights, disabilities rights are always relative and expressly established by law.
Disability Fact
It is the inability to exert itself, a right which is the owner (e.g., a demented person who has the right to own a property can not manage it so it has a representative).
The failure may in fact be:
- Absolute: Those who can not exercise any rights for themselves (e.g., Insane, prepubescent children, people born deaf or mute).
- Related: Those who are deprived of performing some actions in case (e.g., Adult Child).
Representation of Disability
The Disabilities Act through legal representatives, institutions are responsible for the representation and unable to care.
- Patriotic Protest: Set of rights and duties of parents over their minor children, they must care for, feed, educate, and so on.
- Guardianship: When children have no father will be appointed a guardian who represents, governs and administers assets that can be:
- Legitimate: By order of the law.
- Probate: Given by parents.
- Dative: By court order.
- The Barracks: The curators representing seniors unable dealing with property management.
Address
The legal seat of a person or a place fixed by law for the enforcement of their obligations and to protect their rights. It’s where you live but can also be:
- Residence: temporary in nature (e.g., Summer house).
- A room: it involves the left accidentally in a place (Ex: Hotel on the way in which to rest for a night to continue after the trip).
- General Address: It is that which does not fit all our obligations and rights as individuals. They can be real, legal origin and.
- Real home: the place where they have established their principal place of residence and business.
- Domicile of origin: Place of domicile of the father on the day of childbirth.
- Legal address: Place where the law presumes a person lives.
- Address special or ad liten: Compliance with certain rights and obligations in certain circumstances.
- Contraactual Address: in contracts.
- Procedural Address: Address of lawyers.