Amor Legis: Civil Code Reviewer - Articles 37-47
Amor Legis: Civil Code Reviewer - Articles 37-47
Amor Legis: Civil Code Reviewer - Articles 37-47
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CHAPTER 1
GENERAL PROVISIONS
Persons
- any being, natural or artificial, capable of
possessing legal rights and obligations
Juridical Capacity
- the fitness to be the subject of legal relations.
Capacity to Act
- the power to do acts with legal effect.
causes
(d) Can exist without capacity to act (d)
Exists always with juridical capacity
Minority
-A minor has a capacity to act but his capacity is
restricted.
Insanity or Imbecility
- Insanity is a condition in which a person’s mind
is sick.
- Imbecility is feeble-mindedness, or a condition in
which a person thinks like a small child.
Civil Interdiction
- the restrictions do not extinguish the capacity to
act. They merely restrict or limit the same.
- the incapacitated person is not exempt from
certain obligations arising from his acts.
Family Relations
- a man cannot marry his mother, or sister, or
even a first cousin. The fact that a man is the
father of a family creates an obligation to give
support to his family and to give his children their
legitime.
Alienage
- an alien cannot generally acquire private or
public agricultural lands, including those
residential in nature, except thru hereditary
succession.
- alien corporations cannot under the law acquire
ownership over said lands, even for a limited
period of time.
- an alien cannot vote or be voted for a public
office.
- a Filipino who married to a foreigner and who
acquires his citizenship cannot acquire land in the
Philippines.
Absence
- the fact that one has been absent for several
hears and his whereabouts cannot be
determined, subjects his property to
administration by order of the court although his
capacity to act is not limited.
Married Woman
- the fact that a woman is a wife, modifies her
capacity to dispose of the conjugal property or to
bring an action, though her capacity to act is not
limited in the sense that a minor’s capacity is
limited.
CHAPTER 2
NATURAL PERSONS
Beginning of Personality
- personality does not begin at birth; it begins at
conception. This personality at conception is
called presumptive personality. It is, of course,
essential that birth should occur later, otherwise,
the fetus will be considered as never having
possessed legal personality.
- personality (actual personality) really
commences at birth.
Example:
Facts: One of the convicted defendants in a
murder case dies while the case was on appeal
before the Supreme Court. Will his case be
dismissed?
Held: His death extinguished his criminal liability,
but the proceedings should continue to determine
his civil liability (in case it is proved that he had
really committed the crime.)
CHAPTER 3
JURIDICAL PERSONS
Exceptions:
A. For the grant of the rights in the Constitution to
the operation of public utilities, and for the
acquisition of land and other natural resources, a
corporation, even if incorporated here, cannot
acquire said rights unless 60% of its capital be
Philippine-owned.
B. During war, we may pierce the veil of corporate
identity and go to the very nationality of the
controlling stockholders regardless of where the
incorporation had been made. Thus a German-
controlled corporation, even if incorporated in the
Philippines, was considered an enemy
corporation during the war for the purpose of
freezing its assets.
Estoppel
- a person who contracts with a “corporation”
cannot later deny its personality. But the person
who represents himself as the agent of a non-
existing corporation cannot prevent the person
who has been misled from suing the “agent”
personally, since a non-registered corporation
does not have a juridical personality.
A Dissolved Corporation
- even if a corporation has been dissolved, it can
still continue prosecuting (as plaintiff) or
defending (as a defendant) for the next three
years, through its legal counsel, who may be
considered a “trustee” for this purpose.
Unknown at 7:21 PM
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