Thursday, October 6, 2011

BOOK I PERSONS Title I. - CIVIL PERSONALITY

CHAPTER 1
GENERAL PROVISIONS


Art. 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. (n)

Explanation:
    1.  Definiton Of Juridical Capacity- the fitness to be the subject of legal relations.
    2. Definition of Capacity to Act- the power to do acts with legal effect.
    3. Differences Between Juridical Capacity and Capacity to Act.

     Juridical capacity                                 Capacity to Act
-Passive                                                          -Active
-Inherent                                                     - Merely Acquired
-Lost only thru death                                 - Lost thru death and may be restricted by other causes
-Can exist without capacity to act            - Exists always with juridiacl capacity
4. Synonyms-Juridical Capacity; capacidad juridica
                    -Capacity to Act; capacidad de obrar
5. Definition of Full or Complete Civil Capacity- the union of two kinds of capacity (plena capacidad civil).
6. Example of the Use of term
      A 1-year-old boy has juridical capacity but has no capacity to act. When he becomes 21, he will have full civil capacity.

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