Persons

1. Civil personality

There are two (2) kinds of persons under the law:

1) Natural persons, and,

2) Juridical persons.

a. NATURAL PERSONS

Birth and personality. 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. (Article 40, Ibid.)

Fetus; When considered born. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus 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. (Article 41, Ibid.)

Death. Civil personality is extinguished by death.(Article 42, Ibid.)

SAME; EFFECTS: The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (Paragraph 2, Article 42, Ibid.)

SAME; PRESUMPTIONS – ON WHO DIED FIRST BETWEEN PERSONS CALLED TO SUCCEED EACH OTHER: If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. (Article 43, Ibid.)

b. JURIDICAL PERSONS

The following are juridic...

Already a subscriber? Log in below. Not yet a member? Subscribe. No advertisements when you are logged in.

Similar Posts