Cards (15)

  • Article 37
    Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.
  • Artificial person
    Entity that recognized and owes its existence in the law and possesses certain rights, protections, privileges, responsibilities, and liabilities similar to those of a natural person.
  • Natural person
    Every human being from the creation of God with the help of parents and born by meeting sperm and egg cells that undergo fertilization and also owe their existence through process of conception
  • Article 38
    Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.
  • Article 39
    The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
    A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law
  • CHAPTER 2
    Natural Persons
  • Article 40
    Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.
  • Article 41
    For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
  • Article 42
    Civil personality is extinguished by death.
  • Full civil capacity

    Juridical capacity + capacity to act
  • presumptive personality
    Personality from womb
  • Actual personality
    personality from birth nilabas na sa tiyan
  • Civil purpose
    Civil rights of a person through civil personality
  • Civil personality
    civil rights, karapatang pang tao to achieve happiness
  • civil death
    loss of capacity to act