Law of Persons: Natural and Juristic Persons
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Questions and Answers

What is the primary focus of the law of persons?

The legal status and capacities of individuals and groups.

What are the three characteristics of a natural person?

Capacity to acquire rights and duties, capacity to enter into contracts and obligations, and liability for crimes and torts.

What is the legal status of a minor?

Limited legal capacity, requiring a guardian or representative.

What is a juristic person?

<p>A non-human entity with legal personality, such as a corporation or organization.</p> Signup and view all the answers

What is the main characteristic of a corporation as a juristic person?

<p>Limited liability for its members.</p> Signup and view all the answers

What is capacity in the context of the law of persons?

<p>The ability of a person to enter into legal transactions and be held liable for their actions.</p> Signup and view all the answers

What are the consequences of incapacity?

<p>Void or voidable contracts, and limited or no liability for torts or crimes.</p> Signup and view all the answers

What is domicile in the context of the law of persons?

<p>A person's permanent home or fixed abode, which determines their personal law and jurisdiction.</p> Signup and view all the answers

How does residence affect a person's legal obligations?

<p>It can affect their tax liability, voting rights, and other legal obligations.</p> Signup and view all the answers

What is the key difference between domicile and residence?

<p>Domicile is a person's permanent home, while residence is their temporary or permanent place of stay.</p> Signup and view all the answers

Study Notes

Definition and Scope

  • The law of persons deals with the legal status and capacities of individuals and groups.
  • It encompasses the rights, duties, and responsibilities of natural and juristic persons.

Natural Persons

  • A natural person is a human being with a distinct identity and legal personality.
  • Characteristics:
    • Capacity to acquire rights and duties
    • Capacity to enter into contracts and obligations
    • Liability for crimes and torts
  • Status of natural persons:
    • Majority ( adult ): full legal capacity
    • Minority ( child ): limited legal capacity, requires guardian or representative
    • Insanity or mental incapacity: limited or no legal capacity

Juristic Persons

  • A juristic person is a non-human entity with legal personality, such as a corporation or organization.
  • Types of juristic persons:
    • Corporations (companies, partnerships)
    • Associations (NGOs, charities)
    • Government entities (states, municipalities)
  • Characteristics:
    • Separate legal identity from its members
    • Can own property, enter into contracts, and sue/be sued
    • Limited liability for members

Capacity and Incapacity

  • Capacity refers to the ability of a person (natural or juristic) to enter into legal transactions and be held liable for their actions.
  • Incapacity refers to the lack of capacity, often due to minority, insanity, or mental incapacity.
  • Consequences of incapacity:
    • Void or voidable contracts
    • Limited or no liability for torts or crimes

Domicile and Residence

  • Domicile: a person's permanent home or fixed abode, which determines their personal law and jurisdiction.
  • Residence: a person's temporary or permanent place of stay, which may affect their tax liability, voting rights, and other legal obligations.
  • Importance of domicile and residence:
    • Determines jurisdiction and applicable law
    • Affects tax liability, voting rights, and other legal obligations

Status of Foreigners

  • Foreigners: individuals who are not citizens of the country in which they reside or operate.
  • Legal status of foreigners:
    • May have limited rights and capacities compared to citizens
    • May be subject to immigration laws and regulations
    • May require special permits or licenses to work or conduct business

Definition and Scope

  • Law of persons deals with the legal status and capacities of individuals and groups, covering rights, duties, and responsibilities of natural and juristic persons.

Natural Persons

  • A human being with distinct identity and legal personality.
  • Characteristics:
    • Acquire rights and duties
    • Enter into contracts and obligations
    • Liable for crimes and torts
  • Status:
    • Majority (adult): full legal capacity
    • Minority (child): limited legal capacity, requires guardian or representative
    • Insanity or mental incapacity: limited or no legal capacity

Juristic Persons

  • Non-human entity with legal personality (e.g., corporation, organization).
  • Types:
    • Corporations (companies, partnerships)
    • Associations (NGOs, charities)
    • Government entities (states, municipalities)
  • Characteristics:
    • Separate legal identity from members
    • Own property, enter into contracts, and sue/be sued
    • Limited liability for members

Capacity and Incapacity

  • Capacity: ability to enter into legal transactions and be held liable.
  • Incapacity: lack of capacity, often due to minority, insanity, or mental incapacity.
  • Consequences of incapacity:
    • Void or voidable contracts
    • Limited or no liability for torts or crimes

Domicile and Residence

  • Domicile: permanent home or fixed abode, determining personal law and jurisdiction.
  • Residence: temporary or permanent place of stay, affecting tax liability, voting rights, and other legal obligations.
  • Importance:
    • Determines jurisdiction and applicable law
    • Affects tax liability, voting rights, and other legal obligations

Status of Foreigners

  • Foreigners: individuals not citizens of the country they reside in or operate in.
  • Legal status:
    • Limited rights and capacities compared to citizens
    • Subject to immigration laws and regulations
    • May require special permits or licenses to work or conduct business

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Description

This quiz covers the law of persons, including the legal status and capacities of individuals and groups, and the rights, duties, and responsibilities of natural and juristic persons.

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