Private Law: Natural and Legal Persons

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Questions and Answers

Which of the following correctly describes a legal person?

A human being engaged in private law relations.

A natural person who has legal capacity.

An organization recognized by law as its own legal entity. (correct)

Any form of business regardless of its legal recognition.

What is one main characteristic of legal persons?

They have shared liability among its members.

They can only bring claims in their home country.

They cannot be defendants in legal cases.

They can bring claims in courts as separate entities. (correct)

Which example does NOT fall under the category of legal persons?

A public municipality.

An individual citizen. (correct)

The state government.

A private company limited by shares.

In Latvia, what distinguishes different ministries and departments regarding legal personality?

They may have individual legal personalities recognized by law. Signup and view all the answers

What is the primary purpose of recognizing legal persons within private law?

To create a structure for participating in legal and economic activities. Signup and view all the answers

What is the capacity of all legal persons concerning rights?

They have full capacity to have rights. Signup and view all the answers

Which statement is true regarding minors and their capacity to perform legal acts?

Minors typically cannot enter binding contracts without guardian approval. Signup and view all the answers

Under which condition can contracts made by minors be deemed valid in French law?

Contracts are valid if they do not impose economic disadvantage. Signup and view all the answers

What is the outcome of contracts made by persons declared incapacitated by a court?

Contracts can be void or voidable unless confirmed by the ward. Signup and view all the answers

What happens to contracts made by individuals who do not understand or control their actions at the time of contracting?

They can be void or voidable depending on the circumstance. Signup and view all the answers

According to German law, what is the rule concerning contracts made by minors younger than 7 years?

Contracts are fully invalid. Signup and view all the answers

Which age delineates the boundary of full liability in torts for minors as per the content?

7 years Signup and view all the answers

What is a unique characteristic of contracts for necessities in relation to mental incapacity?

They remain valid even if the other party knows of the incapacity. Signup and view all the answers

Which aspect of capacity to perform legal acts primarily protects the inept party?

Minimizing intrusion into their lives. Signup and view all the answers

In which law context are contracts involving benefits for minors generally allowed?

According to statutory provisions. Signup and view all the answers

Study Notes

Subjects of Private Law

Two key subjects are natural persons (humans) and legal persons (organizations with separate legal standing).

Legal Persons

Legal persons (artificial persons) are organizations recognized by law with a separate patrimony (assets).
Examples include states, municipalities, and companies.

Capacity

All natural persons have capacity to have rights from birth.
All legal persons have capacity to have rights.
Capacity to perform legal acts is limited in some cases.
Minors are typically under the age of 18 and lack full capacity to act.
Guardians are typically appointed to act on behalf of minors.

Minors and Contracts

Contracts made by minors without guardian approval are usually invalid unless:
- Emancipated children
- Contract conveys a manifest benefit
- Contract concerns independent property (for minors over 16 years old)
Varying legal systems have different regulations for minors' contracts.
- French law allows certain contracts depending on benefit and usage.
- German law has different rules depending on age (under 7 vs. over 7).
- Latvian law requires certain conditions for validity.

Persons with Mental Disorders

Persons declared fully or partially incapacitated by a court are generally unable to perform legal acts.
Curatele or wardship is appointed to oversee these individuals' actions.
Contracts by incapacitated persons are often void or voidable unless confirmed by the appointed representative.
Continental systems generally emphasize protection of the incapacitated party, while common law systems often focus on the knowledge of the other contracting party.

Persons with Mental Disorders: General Capacity

Contracts by individuals with capacity but unable to understand or control their will at the time of contract are generally invalid.
Exceptions exist for everyday transactions, depending on the legal system.
Common law systems consider the awareness of the other contracting party in determining validity.

Delictual Capacity

Children under 7 years old and individuals unable to understand or control their actions at the time of the act are generally not liable for torts.
Guardians or parents may be responsible for a lack of supervision that leads to a tort.
Contradictions may exist within civil law system regarding delicitual capacity.

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Description

This quiz explores the concepts of natural and legal persons within private law. It covers the rights and capacities of both individuals and organizations, including specific considerations regarding minors and their ability to engage in contracts. Test your understanding of these fundamental legal principles.