Law of Persons: Legal Status and Capacity

Definition and Scope

• The law of persons is a branch of private law that deals with the legal status and capacity of individuals.
• It defines the rights, duties, and liabilities of individuals, and determines their legal relationships with others.

Natural Persons

• A natural person is a human being with legal capacity and rights.
• They are capable of acquiring rights and incurring obligations.
• Natural persons have the following characteristics:
  • Legal capacity: They can enter into contractual agreements and own property.
  • Legal personality: They have a distinct legal identity.
  • Capacity to sue and be sued: They can initiate and respond to legal proceedings.

Juristic Persons (Legal Entities)

• A juristic person is a legal entity that is not a human being, but has legal capacity and rights.
• Examples of juristic persons include:
  • Companies
  • Partnerships
  • Trusts
  • Associations
  • Government entities
• Juristic persons have the following characteristics:
  • Legal capacity: They can enter into contractual agreements and own property.
  • Legal personality: They have a distinct legal identity.
  • Capacity to sue and be sued: They can initiate and respond to legal proceedings.

Legal Capacity

• Legal capacity refers to the ability of a person to acquire rights and incur obligations.
• It is determined by the following factors:
  • Age: Minors (those under the age of 18) have limited legal capacity.
  • Mental capacity: Persons with mental disabilities may have limited legal capacity.
  • Status: Persons with certain legal statuses (e.g. bankrupts) may have limited legal capacity.

Domicile

• Domicile refers to the country or state where a person has their permanent home and intends to return to.
• It is used to determine the laws that apply to a person, particularly in regards to taxation, succession, and marriage.

Status

• Status refers to a person's legal position or standing in society.
• Examples of status include:
  • Marital status (e.g. married, single, divorced)
  • Citizenship
  • Residency
  • Bankruptcy

Capacity to Act

• Capacity to act refers to a person's ability to perform legal acts, such as entering into contracts or making wills.
• It is determined by the following factors:
  • Age: Minors may not have the capacity to act.
  • Mental capacity: Persons with mental disabilities may not have the capacity to act.
  • Status: Persons with certain legal statuses (e.g. bankrupts) may not have the capacity to act.

Definition and Scope

• Law of persons deals with legal status and capacity of individuals, defining their rights, duties, and liabilities.
• It determines legal relationships between individuals and others.

Natural Persons

• A natural person is a human being with legal capacity and rights.
• They can acquire rights and incur obligations.
• Characteristics:
  • Legal capacity to enter into contracts and own property
  • Legal personality with a distinct identity
  • Capacity to sue and be sued

Juristic Persons (Legal Entities)

• A juristic person is a non-human entity with legal capacity and rights.
• Examples: companies, partnerships, trusts, associations, and government entities.
• Characteristics:
  • Legal capacity to enter into contracts and own property
  • Legal personality with a distinct identity
  • Capacity to sue and be sued

Legal Capacity

• Refers to the ability to acquire rights and incur obligations.
• Determined by:
  • Age: minors (under 18) have limited capacity
  • Mental capacity: persons with mental disabilities may have limited capacity
  • Status: persons with certain legal statuses (e.g. bankrupts) may have limited capacity

Domicile

• Refers to the country or state where a person has their permanent home and intends to return to.
• Used to determine laws applicable to a person, particularly in taxation, succession, and marriage.

Status

• Refers to a person's legal position or standing in society.
• Examples:
  • Marital status (e.g. married, single, divorced)
  • Citizenship
  • Residency
  • Bankruptcy

Capacity to Act

• Refers to a person's ability to perform legal acts, such as entering into contracts or making wills.
• Determined by:
  • Age: minors may not have the capacity to act
  • Mental capacity: persons with mental disabilities may not have the capacity to act
  • Status: persons with certain legal statuses (e.g. bankrupts) may not have the capacity to act