8 Questions
What is the term for the ability of a person to enter into legal transactions and be held accountable for their actions?
Capacity
Which of the following individuals is considered a natural person?
Human being
What is the term for a person with full legal capacity?
Sui juris
What is the difference between domicile and residence?
Domicile is a permanent home, while residence is a temporary place of abode.
What is the role of a guardian?
To care for a minor or incapacitated person
What is the term for the process of transferring property and rights after a person's death?
Succession
What is the term for a person who dies without a valid will?
Intestate
What is the term for property acquired during a marriage?
Matrimonial property
Study Notes
Capacity and Incapacity
- Capacity refers to the ability of a person to enter into legal transactions and be held accountable for their actions
- Incapacity refers to the lack of ability to enter into legal transactions and be held accountable for their actions
- Examples of individuals with incapacity:
- Minors (children under the age of majority)
- Persons with mental disabilities or illnesses
- Intoxicated persons
Legal Status of Individuals
- Natural persons: human beings with legal rights and duties
- Juristic persons: artificial entities with legal rights and duties, such as:
- Companies
- Associations
- Trusts
Types of Natural Persons
- Sui juris: a person with full legal capacity, able to enter into legal transactions and be held accountable for their actions
- Alien: a person who is not a citizen of the country they are in
- Citizen: a person with full legal rights and duties in a country
Domicile and Residence
- Domicile: a person's permanent home, where they intend to return to
- Residence: a person's temporary or permanent place of abode
- Importance of domicile and residence in determining legal rights and duties
Guardianship and Curatorship
- Guardian: a person appointed to care for a minor or incapacitated person
- Curator: a person appointed to manage the property of a minor or incapacitated person
- Roles and responsibilities of guardians and curators
Marriage and Matrimonial Property
- Marriage: a legally recognized union between two persons
- Matrimonial property: property acquired during a marriage
- Different types of matrimonial property regimes, such as:
- Community of property
- Separation of property
- Accrual system
Death and Succession
- Succession: the process of transferring property and rights after a person's death
- Intestate succession: when a person dies without a will
- Testate succession: when a person dies with a valid will
- Importance of wills and estate planning in succession
Capacity and Incapacity
- A person with capacity can enter into legal transactions and be held accountable for their actions
- Incapacity refers to the lack of ability to enter into legal transactions and be held accountable for their actions
- Minors, persons with mental disabilities or illnesses, and intoxicated persons are examples of individuals with incapacity
Legal Status of Individuals
- Natural persons are human beings with legal rights and duties
- Juristic persons are artificial entities with legal rights and duties, including companies, associations, and trusts
- Juristic persons have legal rights and duties, similar to natural persons
Types of Natural Persons
- A sui juris is a person with full legal capacity, able to enter into legal transactions and be held accountable for their actions
- An alien is a person who is not a citizen of the country they are in
- A citizen has full legal rights and duties in a country
Domicile and Residence
- A person's domicile is their permanent home, where they intend to return to
- A person's residence is their temporary or permanent place of abode
- Domicile and residence are important in determining legal rights and duties
Guardianship and Curatorship
- A guardian is appointed to care for a minor or incapacitated person
- A curator is appointed to manage the property of a minor or incapacitated person
- Guardians and curators have key roles and responsibilities in caring for and managing the property of others
Marriage and Matrimonial Property
- Marriage is a legally recognized union between two persons
- Matrimonial property includes property acquired during a marriage
- There are different types of matrimonial property regimes, including community of property, separation of property, and accrual systems
Death and Succession
- Succession is the process of transferring property and rights after a person's death
- Intestate succession occurs when a person dies without a will
- Testate succession occurs when a person dies with a valid will
- Wills and estate planning are important in succession, as they determine how property and rights are transferred after death
Learn about the concept of capacity and incapacity in law, including the ability to enter into legal transactions and be held accountable for actions. Discover examples of individuals with incapacity, such as minors, persons with mental disabilities, and intoxicated persons.
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