Laws of Persons

8/12/2019 Laws of Persons

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Laws Of Persons

Chapter 2


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Tianbucha Kantee 5614933

Piyapat Sinsittharnaranon 5616803

Sonam Shaihi 5548103Meng Zhang 5537405

Yuchen Wang 5517487

Yaqi Chen 5638405Yin Yin Maw 5548123


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1. Natural persons


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2. Juristic persons

! Legal personality is not restricted to human beings.! Law creates the state of these persons.

! Public! Monasteries! Registered Partnership! Limited Companies! Associations! Authorized foundation

! A juristic person enjoys the same rights and is subject tothe same duties as a natural person.


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The commencement and Ending of the Personality


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! Commencement of personality Section 15 states that Personality begins with the full completion of birth as a

living child and ends with death.

! Birth as a living child = when a baby is born and still alive. (the lengthof time is not considered)


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Ending of Personality Personality of person ends in two cases:

1. Death End of life2. Disappearance Death by law. Someone who

left residence for a certain period of time and it is

not certain that he or she is living or dead.

Disappearance is divided into two cases:

Disappearance in normal case Disappearance in special case



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! Disappearance in normal case! According to section 61 paragraph 1 of the CCC.! Someone who left his or her residence for and it has been

uncertain for five years, he or she is considered disappeared.! Disappearance in special case

! Someone who disappears in special cases such as in a war,destroyed vehicle or any other risk, the time required by law for

the application of disappearance from the court is two years.



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! Revocation of Disappearance! The interested party or Public Prosecutor can ask for a

revocation of disappearance if they prove that the disappeared

person:

! isliving;! has died at a time DIFFERENT from that specified in Section 62,

five or twoyears consecutively up to the case



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Once the order of disappearance become effective, it haslegal consequences on the disappeared person:

Family Status The exercise of parental power

The parental power of the disappeared person will come to an end Marital Status

Ending the personality will terminate the marriage Inheritance The estate of the deceased and disappeared person with

be inherited by their heirs.



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Capacity of Persons


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Capacity of Persons

-Minor-


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! Minor! anyone who has not reached to the age of twenty.! How can the minor become Sui Juris?

!When you reaches to twenty years old of age.!upon the marriage, parents agreed to get married at the age of

seventeen men and women.

Capacity of Persons


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! Capacity of MinorSection 21:"For the doing of a juristic act, a minor must

obtain the consent of his legal representative. All acts

done by him without such consent are voidable."! To doing of a juristic act must to got the consent of the guardian. otherwise

are voidable.

! If have been done with the consent of his guardian will be legally enforced

Capacity of Persons


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! The Legal Representative of Minor!1)His parents ,according to sections 1566 and

15691. A child is subject to parental power of the father and

the mother as long as he is not sui jurist.2. A person exercising parental power is the legal

representative of the child

!2)His guardians ,according to section 1585A person who is not sui jurist has no parents ,or whose

parents have been deprived of their parental power ,may be providedwith a guardian during minority.

Therefore ,in conclusion, legal representative ,along with the law, are asfollows:

1) Persons exercising parental power which are his parents.

2)Guardian, in the case that the minor has no parents.

Capacity of Persons


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Capacity of Persons

The exceptions

1.A minor can do all acts by which he merely acquires aright or is freed from duty such as a minor can accept

donation, or accept the release of his obligation made by

this creditor.

2.A minor can do all acts which are strictly personal3.A minor can do all acts which are suitable to his

condition in life, and actually required for his reasonable

needs

4.A minor after completing fifteen years of age, can make awill5.A minor who had been permitted to carry on one or morebusiness enterprise of his own can validly conclude or

terminate agreements relating to his business


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! Incompetent! A person of unsound mind has been adjudged

incompetent by the court

! Capacity of Incompetent! Any act done by a person adjudged incompetent is

Voidable

Capacity of Persons


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! Unsound Mind! A person of unsound mind has not been adjudged

incompetent by the court.

! Capacity of Unsound Mind! An act done by a person of unsound mind but not

adjudged incompetent isVoidable only when the act was

done at a time when he was actually of unsound mind ,

and the other party had knowledge of such unsoundness .

Capacity of Persons


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Capacity of Persons

-Quasi Incompetent-


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! Quasi IncompetentThe quasi incompetent is a person who cannot manage his own

affairsor whose management is likely to cause detriment to his

own property or familybecause of

"Physical infirmity (polio); or"Mental infirmity (insane); or"Habitual prodigality (gambler); or"Habitual intoxication (alcoholic)

Capacity of Persons


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#A quasi-incompetent must obtain the consent of hiscuratorfor doing the following acts Investing his property; Accepting the return of the invested property; Contracting a loan; Giving security by any means whatever that effects him to make a forced

payment;

Hiring or letting property longer than six months;#According to the law, an act done by the quasi-

incompetent is validand enforceable even lacking of the

consent of his curator.

Capacity of Persons


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! Ceasing of Quasi-Incompetent! When the quasi-incompetent dies; or! When his indication becomes more serious that he has

been adjudged by the Court to be an incompetent person;

or

! When the quasi-incompetent person in recovered.

Capacity of Persons


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Thank You

Laws of Persons

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