¡Descarga Personality and Legal Capacity in Spanish Civil Law: Natural and Artificial Persons y más Apuntes en PDF de Derecho Civil Patrimonial solo en Docsity! LAW OF PERSONS UNIT 2 Law regulates situation in which persons are involved in order to organize their interests and avoid conflicts arising from patrimonial legal relations. Personal right is the right to life physical and moral integrity, followed by equality, with ideological and religious freedom; honor, personal and family privacy; freedom and security; inviolability of home and secrecy of communications; freedom of movement and residence; freedom of speech, press and communication of information… But human beings are not the only subjects of rights and obligations for the Civil Law. Certain groups of individuals are recognized by law as persons and the law grants them personality (corporations, partnerships, associations…). Therefore, these groups of individuals are also capable of holding rights and assume obligations. These are called “artificial persons” as opposed to “natural persons”. NATURAL PERSONS: ART. 29 CC – human beings are considered to be persons since birth, when they are attributed with personality. But to be effective, ART. 30 CC : 1. Child has a figure human 2. Clue at least 24 hours separated from the mother. • When these requirements are fulfilled, the Law recognizes personality. Therefore, all natural persons have personality, which means they have capacity to hold legal rights “Civil Capacity”. Nobody can be deprived of civil capacity – it´s an essential quality of the person and the dignity thereof. (it Starts with Birth and Ends with Death). A person with natural capacity can hold legal rights, BUT cannot administer them himself nor validly execute his rights. Someone with civil capacity but without legal capacity would need a representative to act on his behalf in order for his actions to have civil effects. “Legal capacity” It is the capacity to manage and exercise the rights and obligations that the person holds. In Spain, legal capacity is acquired when persons turn 18 – the person comes out of paternal power of authority. A person 18 years old is person of legal age and full legal capacity. this means to make effective the legal acts concluded by the person with such capacity. Exceptions: some acquire a younger age, some an older age. (Ex: to adopt a child you must be 25) MINORITY: • They have legal capacity limited • They have to be represented by parents (tutor) in order to use rights • The law doesn’t recognize the acts of the child even though the minor is perfectly aware of consequences. • Minors acquire their legal capacity gradually and not at the very moment of turning 18. A current tendency to accept that Law cannot ignore. • 12 years old – get consent to be adopted or not. • 14 years old – can testify and has testamentary capacity • 16 years old – they can administer the properties and good they have acquired through their work. • At any age can accept donations and acquire possession of things EMANCIPATED: Emancipation means from the power of control of somebody. The emancipated minor has the status of a person of full legal age, except in two cases: 1. Borrow money 2. Sell any good The emancipation can only be granted to a child of more than 16 years of age and it has to be recorded with the Civil Registry. Once granted, it is irrevocable. There are different ways in which the emancipated status can be acquired: a. By parents: - Code requires the minor´s consent or authorization of the judge in charge of the Registry. b. By Judge: - child has to ask it to the judge who will listen to the parents before granting the emancipation. The judge may grant it if: • Parents live apart • A cause that gravely hinders the exercise of paternal power • Minor is under tutorship --> this is referred as legal benefit. c. Marriage: • Emancipated minor can only valid marry • The only possibility of emancipation through matrimony is very exceptional • It all only happen when minor obtain from a judge on age dispensation to marry which can be grated when child turns 14. d. Independent economic life from the parents: • The child has to be economically autonomous from the parents • In this case, there is an exception as the parents consent might be revoked. INCAPACITATION: It is the limitation or deprivation of a person´s legal capacity by a judge, because the person is impaired by a mental or physical impossibility to understand the consequences of his acts. Causes: • Mental illness or deficiency • Physical illness or disability • Advanced age • Chronic use of drugs • Any other anomaly Judgment decision needed to incapacitate a person: ▲ It has to determine the scope of the incapacity. ▲ This decision can deprive the person´s from legal capacity (having a status similar to a minor) ▲ Limiting the act that the incapable cannot perform. 1. TUTOR, represent him because he cannot validly perform legal acts. 2. CURATOR, represent him only when is demanded. (ex: a double consent needed) The Attorney General Office is the one that starts the incapacitation proceeding. PRODIGALITY: Prodigal is a person who cannot manage his affaires in consequence of regular disorganized and reckless conduct that endangers his patrimony. *As incapacitation, prodigality has to be declared by a judicial decision* Although prodigal retains legal capacity, the judge wills appoint a Curator who shall give consent in specific acts.
