Capacity and Status of Persons in Law

Capacity and Status

• Capacity: the ability of a person to have rights and duties
  • Natural persons (humans) have capacity
  • Artificial persons (corporations, states) have limited capacity
• Status: the position or condition of a person in society
  • Examples: citizen, alien, minor, adult, married, single

Classification of Persons

• Natural persons:
  • Humans
  • Have full capacity and rights
• Artificial persons:
  • Corporations
  • States
  • Limited capacity and rights
• Juristic persons:
  • Organizations recognized by law as having legal personality
  • Examples: companies, partnerships, trusts

Legal Personality

• Legal personality: the capacity to have rights and duties
  • Natural persons have full legal personality
  • Artificial persons have limited legal personality
• Acquisition of legal personality:
  • Natural persons: at birth
  • Artificial persons: by registration or incorporation

Minority and Majority

• Minor:
  • A person under the age of majority
  • Generally, under 18 years old
  • Limited capacity and rights
• Major:
  • A person who has reached the age of majority
  • Full capacity and rights

Marital Status

• Marriage:
  • A legally recognized union between two people
  • Effects on property rights, inheritance, and other legal aspects
• Types of marriage:
  • Monogamous (one spouse)
  • Polygamous (multiple spouses)

Domicile and Residence

• Domicile:
  • A person's permanent home or principal residence
  • Determines jurisdiction and applicable law
• Residence:
  • A person's temporary or permanent place of abode
  • May not necessarily be the same as domicile

Capacity and Status

• Capacity is the ability to have rights and duties, and is a fundamental aspect of a person's legal existence.
• Natural persons, such as humans, have full capacity, while artificial persons, such as corporations and states, have limited capacity.
• Status refers to a person's position or condition in society, and can include various classifications such as citizen, alien, minor, adult, married, or single.

Classification of Persons

• Natural persons are humans who possess full capacity and rights.
• Artificial persons, such as corporations and states, have limited capacity and rights.
• Juristic persons are organizations recognized by law as having legal personality, including companies, partnerships, and trusts.

Legal Personality

• Legal personality refers to the capacity to have rights and duties.
• Natural persons have full legal personality, while artificial persons have limited legal personality.
• Natural persons acquire legal personality at birth, while artificial persons acquire it through registration or incorporation.

Minority and Majority

• A minor is a person under the age of majority, typically under 18 years old, and has limited capacity and rights.
• A major is a person who has reached the age of majority, typically 18 years old, and has full capacity and rights.

Marital Status

• Marriage is a legally recognized union between two people, affecting property rights, inheritance, and other legal aspects.
• Monogamous marriages involve one spouse, while polygamous marriages involve multiple spouses.

Domicile and Residence

• A person's domicile is their permanent home or principal residence, which determines jurisdiction and applicable law.
• A person's residence is their temporary or permanent place of abode, which may not necessarily be the same as their domicile.