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Civil Juridical Personality Arts 37 47 Persons Rev 1
Civil Juridical Personality Arts 37 47 Persons Rev 1
Capacity to Act
Power to do act
with legal effects
(Art 37)
Active
Merely acquired
Theory of Special
Capacities
Applies to juridical
persons
This
limits
the
power of juridical
persons
only
to
those
that
are
expressly conferred
upon them or those
which
can
be
implied therefrom
or incidental thereto
extinguished?
(b) What is the effect if there is a doubt
as to which of 2 persons, who are called
to succeed each other, and died first?
(c) What are the presumptions on
survivorship under the Rules of Court?
(d) When is the presumption given in Art
43 of the CC applicable? How about the
presumption on survivorship? Illustrate.
ANS: (a) Civil personality is extinguished by
death (Art 24, CC).
(b) If there is doubt, as between 2 or more
persons who are called to succeed each
other, as to which of them died first,
whoever alleges the death of one prior to
the other, shall prove the same; in the
absence of proof, it is presumed that they
died at the same time and there shall be
no transmission of rights from one to the
other. (Art 43 CC)
(c) The presumptions on survivorship under
the Revised Rules of Court are those
provided for in Rule 131, Sec 5 (jj). They
are as follows:
When 2 persons perish in the same
calamity, such as a wreck, battle, on
conflagration, and it is not shown who died
first, and there are no particular
circumstances from which it can be
inferred, the survivorship is presumed from
the probabilities resulting from the
strength and age of the sexes, accdg to the
following rules:
1) If both under 15 yrs- older
2) If both above 60 younger
3) If one under 15 and other above 60
15 yrs presumed to have survived
4) If both over 15 and under 60, sexes
different male presumed to have
survived; if same sex older
presumed to have survived
5) If one under 15 or over 60, and the
other between these ages latter
presumed to have survived
(d) The presumptions given in Art 43 of the
CC is applicable if the following requisites
are present: first, there is no proof as to
which of 2 persons died first; and second,
they are called to succeed each other. The
presumptions on survivorship, on the other
hand, are applicable if the following
are
juridical
person
provisions of
partnerships.
this
Code
concerning