Civil Law and Land Titles and Deeds › Persons
A. Juridical Capacity
Juridical Capacity v. Capacity to Act (Art. 37)
| JURIDICAL CAPACITY | CAPACITY TO ACT |
| Fitness to be the subject of legal relations | Power to do acts with legal effect |
| Passive | Active |
| Inherent | Not inherent; attained or conferred |
| Lost only through death | Lost through death and other causes |
| Can exist without capacity to act | Cannot exist without juridical capacity |
| Cannot be limited or restricted | Can be restricted, modified, or limited |
Circumstances that Modify or Limit Capacity to Act
- Family relations
- Alienage
- Trusteeship
- Age
- Penalty
- Absence
- Prodigality
- Insanity
- Insolvency
- Imbecility
Commencement and End of Civil Personality – Civil Code, arts. 40-42
> Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a) Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a) Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a)
NOTE: Art. 40 of NCC and Art. 5 of P.D. 603 (The Child and Welfare Code) recognize the conceived child as born for all purposes favorable to them, subject to the requirements of Art. 41.
Authorities
- Civil Code, Art. 40
- Civil Code, Sec. 40
- Civil Code, Sec. 41
- Civil Code, Sec. 42
- P.D. 603 (The Child and Welfare Code), Sec. 5