Capacity and Status of Persons in Law

Study Notes

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.

Description

This quiz covers the concepts of capacity and status of natural and artificial persons in law, including their rights and duties. It explains the differences between natural persons, such as humans, and artificial persons, such as corporations and states.