PERSONS...

PERSONS

KINDS OF CAPACITY

1. Juridical capacity – fitness to be the subject of legal relations

2. Capacity to act – power to do acts with legal effect

PERSONALITY:

determined by birth, extinguished by death

BUT conceived child shall be considered born for all purposes favorable to it provided it be born later under the following conditions:
1. If it is alive at the time it is completely delivered from the mother’s womb

2. BUT if it had an inter-uterine life of at less than 7 months, if it lives for at least 24 hours after its complete delivery from the maternal womb

DOUBTS AS TO ORDER OF DEATH:

As between 2 or more persons called to succeed each other, if there is doubt as to which of them died first, whoever alleges the death of 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.

• This rule applies only to cases involving succession.

JURIDICAL PERSONS
1. The state and its political subdivisions

2. Other corporations, institutions and entities for public interest or purpose, created by law

3. Corporations, partnerships and associations for private interest or purpose