Beruflich Dokumente
Kultur Dokumente
AND CAPACITY
OUTLINE OF DISCUSSION
A. Definition
B. Legislative jurisdiction v. Judicial jurisdiction
C. Beginning and End of Personality
D. Absence
E. Name
F. Age of Majority
G. Capacity
DEFINITION
Personal status
Includes both condition and capacity
Embraces matters such as beginning and end of human personality, capacity to have
rights, capacoty to engage in legal transactions, protection of personal interests and
family relations
Status
Taken from Roman doctrine status libertates (freedom), status civitates (citizenship),
status familiae (status as the head of the house
Judicial jurisdiction
Power of the state to try a case in its courts
eg. Right to sue and be sued
Barnuevo v. Fuster
Legislative jurisdiction as applied is the capacity of the state to rule on whether
the divorce being sought for can be decreed
Judicial jurisdiction as applied is the power of the state to hear and try the case
BEGINNING AND END OF
PERSONALITY
The determination of the exact moment personality begins is referred to the
individuals personal law
Philippine Law:
Art. 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
Art 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered
from the mothers 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
Legislative jurisdiction
Power of the state to apply its laws to create or affect legal interests
eg. Civil status
Judicial jurisdiction
Power of the state to try a case in its courts
eg. Right to sue and be sued