¡Descarga Understanding Personhood and Legal Capacity in Spanish Law y más Ejercicios en PDF de Derecho Civil solo en Docsity! TOPIC 2 PERSON´S LAW The legal system specially protects several aspects of the persons. The Spanish Civil Code, back in 1889 was already aware of the importance of the person. The first Book of the Civil Code is dedicated to PERSONS. Certain groups of individuals are also recognized by the Law as PERSONS, and the Law grants them with personality. This is because the Law acknowledges the existence of certain interests and goals that cannot be achieved by single individuals. Whithin the Law it´s the Civil Law which regulates the person as a subject of legal relations. WHAT DOES THIS MEAN? This means that the person has the ability: - To be the subject of rights (from an active point of view). - To be the subject of duties (from a passive point of view). NATURAL PERSONS - The HUMAN BEINGS. - The Civil Code tells us when a natural person starts to exist for Civil Law purposes. --- - Art. 29 CC: personality starts at birth, but upon conception a person is considered as born for all effects that are favourable to him, provided that he is born with the conditions stated in the following article. - Art. 30 CC: For the personality to be effective the baby has to be born alive, and to be completly separated from the mother. THEREFORE, human beings are considered persons since birth, but the baby has to be born alive and be completely separated from the mother. When these requirements are fullfilled, the Law recognizes personality to the child with retroactive effects to the moment of conception. The civil capacity starts with birth and ends with death. Every human being can hold legal rights, it means that even a baby can be an owner because he has civil capacity and he can get it by donation or by succession. * BUT, can the baby sell the
properties? Loan them?
NO. A person, who has always civil capacity and therefore can hold legal rights it´s possible that cannot execute his rights. --- So LEGAL CAPACITY can be: - Complete - Limited: . Minors . Incapacitated persons --- What happens with persons who have civil capacity but not legal capacity? - They would need a representative to act on their behalf in order for their actions to have civil effects. - This representative acts in the name and on behalf of the person without legal capacity. --- - Minors: it will be for the parents to represent the minor. Paternal power or paternal authority. - Incapacitated persons: the Law appoints other kind of representatives (tutor or curator). The emancipated minor has the status of full legal age, but there are two exceptions: 1. The emancipated minors cannot borrow money. 2. They cannot encumber or sell immovable property, commercial and industrial establishments, nor goods of an extraordinary value. --- - Emancipation can only be granted to a child who is 16 years old or older. - Once granted the emancipation is irrevocable. --- Ways in which the emancipated status can be acquired: . Emancipation granted by the parents. Public deed. . Emancipation granted by a judge. . Marriage (14 years) . Independent life from the parents; with the parent´s consent. 16 and older. (It´s revocable). --- . To incapacite a person is necessary a judicial decision. . The judicial decision has to establish the scope of the incapacity, and it will depend on the depth of the illness suffered by the person. - It can deprive the person completely from legal capacity. (The judge will appoint a tutor). - It can only restric the capacity, limiting the acts that the incapable cannot perform. (The judge will appoint a curator). --- The declaration or incapacity must be brought to court by: . The spouse or person with similar relation of fact. . Descendants. . Ascendants. . Relatives. . Any person can inform the Attorney General ´s Office. The office will then start the proceeding. ARTIFICIAL PERSONS They are born because the Law acknowledges the existence of groups with supraindividual interests. There is a different personality of the group from the individuals who integrate it. There is also a different patrimony. They act in legal traffic through individual persons who represent them.
