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Laws Of Persons

Chapter 2

Tianbucha Kantee 5614933 Piyapat Sinsittharnaranon 5616803 Sonam Shaihi 5548103 Meng Zhang 5537405 Yuchen Wang 5517487 Yaqi Chen 5638405 Yin Yin Maw 5548123

1. Natural persons

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

Public Monasteries Registered Partnership Limited Companies Associations Authorized foundation

!! A

juristic person enjoys the same rights and is subject to the same duties as a natural person.

The commencement and Ending of the Personality

The commencement and Ending of the Personality


!! 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 length of time is not considered)

The commencement and Ending of the Personality

! Ending of Personality
! Personality of person ends in two cases:
! 1. Death

End of life

!2. 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

The commencement and Ending of the Personality


!! 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.

The commencement and Ending of the Personality


!! Revocation
!!

of Disappearance

The interested party or Public Prosecutor can ask for a revocation of disappearance if they prove that the disappeared person: is living;
!!

!!

has died at a time DIFFERENT from that specified in Section 62, five or two years consecutively up to the case

The commencement and Ending of the Personality ! Once the order of disappearance become effective, it has legal 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.

Capacity of Persons

Capacity of Persons -Minor-

Capacity of Persons
!! 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
!! Capacity

of Minor

Section 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
!! The

Legal Representative of Minor


parents ,according to sections 1566 and

!!1)His

1. 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

1569

!!2)His guardians ,according to section 1585 A person who is not sui jurist has no parents ,or whose parents have been deprived of their parental power ,may be provided with a guardian during minority.
Therefore ,in conclusion, legal representative ,along with the law, are as follows: 1) Persons exercising parental power which are his parents. 2)Guardian, in the case that the minor has no parents.

Capacity of Persons
The exceptions 1.! A minor can do all acts by which he merely acquires a right 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 personal 3.! 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 a will 5.! A minor who had been permitted to carry on one or more business enterprise of his own can validly conclude or terminate agreements relating to his business

Capacity of Persons -Incompetent-

Capacity of Persons
!! 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 -Unsound mind-

Capacity of Persons
!! 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 is Voidable 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 -Quasi Incompetent-

Capacity of Persons
!! Quasi

Incompetent

The quasi incompetent is a person who cannot manage his own affairs or whose management is likely to cause detriment to his own property or family because of
"! Physical "! Mental

infirmity (polio); or

infirmity (insane); or prodigality (gambler); or intoxication (alcoholic)

"! Habitual "! Habitual

Capacity of Persons
#! A
! ! ! !

quasi-incompetent must obtain the consent of his curator for 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 quasiincompetent is valid and enforceable even lacking of the consent of his curator.

Capacity of Persons
!! 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.

!!

Thank You