In the summary of status in the law of persons, this summary is simple, and easily understood by adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.
DOMICILE
The choice of domicile INSOLVENCY
changes A persons status
Persons “standing in law”
In private law most important FACTORS that determine status are: INTOXICATION
YOUTH/
MINOR- age PRODIGALITY
Majority changes BIRTH OUTSIDE PHYSICAL ILLNESS MENTAL ILLNESS
status
MARRIAGE OR INCAPACITY OR INCAPACITY
Something void of rights/ duties (obligations) = legal object.
Juristic Act, only considered ‘active” if the law has an attaching consequence to the
person through an intent of declaration
Legal capacity is therefore is:
LEGAL CAPACITY CAPACITY TO ACT CAPACITY TO LITAGATE CAPACITY TO BE HELD
Rights & duties define a legal To perform valid juristic acts Enforce his/ her rights ACCOUNTABLE FOR
subject in which rights/ duties are AKA- LOCUS IN STANDI DELICT/ CRIME
either acquired/ disposed of LUDICIO
EVERYONE has capacity to Persons can obtain rights & Involves the right to sue/ be AGE & MENTAL CAPACITY-
have RIGHTS & DUTIES duties BUT also dispose of sued- therefore the ability to determining factors if person
them appear in court (locus standi in can be held liable
ludicio)
Begins @ birth ends Capacity to act refers to a Enforce rights & duties Fault= DOLUS (intent) and
terminates @ death person being able to enter into personally CUPLA (negligence)
JURISTIC ACTS- therefore
person understands
CONSEQUENCES associated
with actions
Not the same / equal for Based on INTELLECTUAL DOLI CAPAX- the ABLILITY to
individuals- such as a infans DEVELOPMENT-some ppl do commit the crime
has NO LEGAL CAPACITY. not have/ able to have such
E.G infans cannot marry, capacity such as MINORS or
therefore infans cannot have MENTALLY ILL persons.
rights that arise from a Therefore placing no validity
marriarge on their expression on will
LIMITED capacity to act exists NOTE: MENTALLY ILL/ INFANS CULPEA CAPAX- having the
for individual over 7 YEARS are said to lack the ability to ability to be accountable &
OLD. UNDER 18 are limited litigate independently but distinguish between right and
because they are considered DON’T lack the capacity wrong & act in accordance
not mature enough altogether with appreciation
STATUS STATUS
NATURAL PERSON JURISTIC PERSON
• Acquired on birth • Dependent on natural person-
• Capacity to act & litigate cannot breathe on its own
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