Derecho Romano: La Persona en el Derecho

Study Notes

The provided text appears to be study notes for a Roman law course, focusing on subjects of law, capacity, and types of legal transactions.

Roman law initially considered only free persons as subjects of law.
A person's legal standing began at birth. The child needed to be completely detached from the mother and be alive after birth; breathing was not required.
Previously, a figure resembling a human form and survival for 24 hours separated from the mother was needed.
Official registration of a birth (in the Registry) serves as proof of existence. Registration for illegitimate children followed later.
A nasciturus (conceived but not born) was considered a person for legal purposes if born alive and with the required characteristics.
A curator ventris (a guardian of the unborn) was able to manage the inheritance until birth.
Today, someone conceived but not born is still considered a legal person. The inheritance is blocked until the birth of the child.
Birth registration is crucial in proving a person's existence.

Capacity of a person includes two components:
- Capacity to be a subject of law: The ability to hold rights and obligations. The ability to hold rights was not available to slaves.
- Capacity to act: The ability to exercise legal rights and duties. Full capacity was limited by factors like age and mental health.
Minors (under 14 for men, 12 for women) and those deemed mentally/physically defective may have a curator to act for them.
A prodigal (someone who excessively spends their wealth) could be placed under guardianship.
Slaves had limited legal capacity compared to free persons.

Testamentary succession (Testamentum): A formal, last will by a testator to distribute their assets upon death.
Intestate Succession (Successio ab intestato): For distribution of assets when no testament exists.
Law of compulsory heirs and the right of challenging the testament.
Roman law had specific guidelines for distribution based on whether the individual had children, and if so, the status of the children relative to their parent

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