Law of Persons: Legal Status and Capacity

Study Notes

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.

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.

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 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 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 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 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.

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.

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

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

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

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.

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

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