PERSONS CIVIL CODE Chapter 1

Art. 37-Juridical capacity, w/c 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, w/c is the power to do acts w/ legal effect, is acquired & may be lost. 1. Juridical capacity- is the fitness to be the subject of legal relations. It is inherent in every natural person & lost only through death. 2. Capacity to act- is the power to acts w/ legal effect. It may be acquired & it may be also be lost. It is required upon the attainment at the age of majority. 3. Person- is a physical or legal susceptible of rights & obligations or of being the subject of legal relations. 4. Right- is the power w/c a person has to demand from another a prestation or the power to do or not to do, or to demand something. Elements of a RIGHT: 1. Subject  Active subject- one who may demand its enforcement. Has RIGHTS.  Passive subject- the one who must suffer & obey such enforcement & basically owes a DUTY. 2. Object-rights are exercised over things, or services, for the satisfaction of human wants, physical or spiritual. Things& services constitute the object of rights. 3. Efficient Cause-the tie that binds the subject & object together. It produces all legal relations. It springs mainly from acts of violations.

Juridical Capacity vs. Capacity to act Juridical Capacity  Is the fitness of man to be the subject of legal relations  Inherent & ineffaceable attribute of man. It attaches to him by mere fact of his being a man & is lost only through death.

Capacity to Act  is the power to do acts w/ juridical effect  is acquired & may be lost Art. 38-Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, & do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations , such as easements.  They are not exempted from liabilities. Their parents or guardians may still be liable. Art. 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 & trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, & in special laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, 21 years of age or over, is qualified for all acts of civil life, except in cases specified by law. 1. Age y y y y 2. Sickness y Age of majority is 18 years old. If both parties are incompetent to give consent-UNENFORCEABLE. If one is incapacitated to act-VOIDABLE. Ratification is needed to cleansed its defect from the perfection of contract.