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Questions and Answers
When does personality begin and end?
When does personality begin and end?
Personality begins with the full completion of birth as a living child and ends with death.
What is considered a state of disappearance?
What is considered a state of disappearance?
Someone who has left his domicile or residence and has been uncertain for five years.
What is the age at which a person ceases to be a minor in terms of legal capacity?
What is the age at which a person ceases to be a minor in terms of legal capacity?
Twenty years of age.
What actions can a minor do that do not require consent?
What actions can a minor do that do not require consent?
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A void act is an act that _____.
A void act is an act that _____.
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A voidable act can be ratified.
A voidable act can be ratified.
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What constitutes a person as quasi-incompetent?
What constitutes a person as quasi-incompetent?
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Which of the following require the consent of a creator for a quasi-incompetent person?
Which of the following require the consent of a creator for a quasi-incompetent person?
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What is the purpose of section 28?
What is the purpose of section 28?
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A person of unsound mind automatically becomes incompetent.
A person of unsound mind automatically becomes incompetent.
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Study Notes
Personality and Its End
- Personality initiates upon full birth and concludes at death.
- Legal distinctions classify death into two types: natural and disappearance.
Disappearance
- Normal case: A person missing for five years is legally presumed to be disappeared.
- Special case: A person missing for two years under specific conditions is also declared disappeared.
- Authorities can seek revocation of disappearance if they prove the individual is alive or died at a different time than initially recorded.
Capacity of a Person
- Categories include Minors, Incompetent persons, Unsound mind, and Quasi-incompetent individuals.
Minor
- Reaches adulthood (sui juris) at 20 years old or upon marriage (minimum 17 years old with parental consent).
- Requires consent from a legal representative to undertake legal acts; acts done without consent are voidable.
Void and Voidable Acts
- Void acts are invalid and cannot be ratified, while voidable acts can be contested by specific parties under certain conditions.
Legal Representatives of Minors
- Parents exercise parental power; if absent, a guardian is appointed.
Exceptions for Minor’s Capacity
- Minors can engage in acts that:
- Acquire rights or relieve duties.
- Are strictly personal.
- Provide reasonable needs related to their life condition.
- Make a will after 15 years of age.
Incompetent Persons
- Defined as individuals of unsound mind adjudged by a court.
- Acts by an incompetent person are voidable.
Unsound Mind
- Refers to individuals with mental illness affecting their personal affairs.
- Acts conducted while unsound are voidable if the other party knew of the condition.
Quasi-Incompetent Persons
- Individuals unable to manage affairs due to physical or mental infirmities, habitual intoxication, or prodigality.
- Court may adjudge them quasi-incompetent upon application from specified family members or guardians.
Capacity of Quasi-Incompetent
- Generally, quasi-incompetent persons can act without prior consent except in specific situations as indicated in law.
- Specific acts, such as contracting loans or property transactions, require curator consent, otherwise become voidable.
Ceasing of Incompetency
- If the causes for incompetency or quasi-incompetency cease, a court can revoke the status based on applications from the affected individuals or designated parties.
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Description
This quiz explores the fundamental concepts of personality within the legal framework. It covers the beginning and ending of personality, focusing on definitions, classifications of death, and the implications of human status as a subject of law. Test your understanding of these crucial legal principles.
