What is capacity of rights in legal terms?
It is the aptitude to hold legal rights and duties.
What is capacity of exercise in legal terms?
It is the aptitude to personally exercise rights.
What is the general rule regarding capacity of exercise?
Capacity of exercise is presumed unless restricted by law or judicial decision.
When does the existence of a human person legally begin?
At conception.
What protection applies to a human person conceived inside the woman's body?
Full protection as an unborn person.
What is the exercise capacity of an unborn person?
An unborn person has absolute incapacity of exercise.
How does an unborn person act legally?
Through necessary representation of the parents.
When do rights acquired by an unborn person become irrevocable?
If the person is born alive, even for an instant.
What age defines a minor?
A person under 18 years of age is a minor.
Who is an adolescent in terms of age?
A minor who has reached 13 years of age is an adolescent.
When can minors act without representatives under progressive capacity?
When they have sufficient age and maturity to perform permitted acts.
How is medical consent given for minors under 13?
Through their legal representatives.
Who decides on non-invasive treatment for adolescents aged 13 to 16?
The adolescent decides alone.
What is required for invasive treatment consent for adolescents aged 13 to 16?
Parental assistance is needed.
How are persons over 16 treated regarding decisions about their own body?
They are treated as adults.
What rights does a minor with an official professional qualification have?
They may exercise the profession independently, manage earnings, and litigate related matters.
From what age may a minor work under Law 26.390?
From 16 years of age.
What effect does marriage have on a minor before 18 with judicial dispensation?
It emancipates the minor.
Can an emancipated minor approve former tutors’ accounts?
No, an emancipated minor may never approve former tutors’ accounts.
Who does restricted capacity apply to?
Persons over 13 with addictions or serious mental impairments creating risk of harm.
What is the difference between restricted capacity and incapacity?
Restricted capacity applies to risk of harm, incapacity to absolute inability to interact or express will.
What role does a support system have for persons with capacity issues?
It assists understanding and decision-making without replacing the person’s will.
Who represents a person declared incapable?
A curator represents a person declared incapable.
What is the difference between capacity restrictions and prodigality-based disqualification?
Capacity restrictions protect the person; prodigality-based disqualification protects family assets.
What is domicile in legal terms?
Domicile is the legally fixed seat of a person.
What distinguishes residence from domicile?
Residence is the place habitually inhabited with some stability.
How is habitation defined legally?
Habitation is a merely accidental or temporary place.
What two elements define real domicile?
Physical presence (corpus) and intention to remain (animus).
What is legal domicile presumed by law?
A permanent residence presumed without admitting contrary proof.
To whom does legal domicile apply restrictively?
Public officials, active-duty military, itinerant persons, and incapable persons at their representatives' domicile.
What is a contractual domicile?
A domicile freely chosen for a contract that may extend jurisdiction to chosen courts.
When are notifications effective for private and public instruments at contractual domicile?
Private instrument notifications are ineffective until judicially recognized signature; public instrument notifications are effective from the first day.
What is the legal function of a person's name?
It is a right and duty of identity for social identification.
How many forenames can parents legally choose for their child?
No more than three forenames.
Can parents use surnames as forenames for their child?
No, they may not use surnames as forenames.
What surname does a child of married parents receive?
The first surname of either spouse.
Must all children of the same marriage have the same surname combination?
Yes, they must use the same surname combination chosen for the first child.
Can a spouse add the other spouse’s surname?
Yes, a spouse may add the other spouse’s surname.
What ends a spouse's use of the other’s surname after divorce or annulment?
Divorce or annulment normally ends that use.
Can a widow continue using the deceased spouse’s surname?
Yes, until remarriage or forming a domestic partnership.
What distinguishes a title of status from possession of status?
A title of status is official proof through a public instrument or judgment, possession is public treatment as if status existed.
What primarily proves birth and death in the country?
Civil Registry certificates principally prove birth and death.
When is supplementary evidence admitted for birth or death proof?
When the Civil Registry record is absent, void, or destroyed.
What legal protection does a notorious pseudonym for literary activity receive?
It receives the same legal protection as the name.
What type of process is used in judicial name-change proceedings?
The most abbreviated process is used.
Who is involved in judicial name-change proceedings?
The Public Prosecutor is involved.
What publication requirement exists in judicial name-change proceedings?
Notices must be published for two months for third-party opposition.
What control is included in judicial name-change proceedings?
Precautionary-measure control is included.
What marks the end of a human person's existence?
Biological death marks the end of a human person's existence.
What did the Civil Code abolish regarding death?
The Civil Code abolished the former institution of civil death.
What is required for death in organ removal?
Irreversible absence of cerebral response, spontaneous breathing, cephalic reflexes with fixed pupils, and brain inactivity for six hours.
How long must the absence of brain functions last for death in organ removal?
Six hours of cumulative and uninterrupted absence is required.
Who must sign the death certificate?
Two doctors must sign the death certificate.
What specialties must the doctors signing death certificates have?
At least one must be a neurologist or neurosurgeon.
Can doctors from the organ-removal or transplant team sign death certificates?
No, they may not sign death certificates.
What does the law presume when order of death is unknown for multiple deaths?
The law presumes simultaneous death and prevents hereditary transmission between them.
What defines simple absence in legal terms?
A person disappears without news, lacks a representative, and owns assets needing urgent protection.
How long are edicts published in simple absence cases?
Edicts are published for five days.
What happens if the absent person does not appear after edicts in simple absence?
The judge declares the absence and appoints a curator of the assets.
What powers does the curator have in simple absence?
The curator may only perform conservation and ordinary administration without judicial authorization.
When can presumed death be requested after a disaster?
After two years without news following a disaster.
What ownership rights do heirs have after presumed death?
Heirs hold imperfect ownership preventing sale or mortgage except for judge-authorized extreme necessity.
How long does prenotation last after presumed death?
Prenotation lasts five years from the presumptive death date or until the absent person reaches 80 years old.
What happens to heirs' ownership after prenotation ends?
Heirs acquire full ownership of the assets.
What is a legal entity?
An organization granted rights and obligations by law for its purposes.
When does a legal entity generally begin to exist?
Upon constitution under the free-constitution system.
What exception requires prior state authorization for legal entity constitution?
Civil associations and foundations require prior state authorization.
What separates a legal entity's personality and patrimony from its members'?
The legal entity has separate personality and patrimony from its members.
Can creditors seize members' personal assets for entity debts?
No, entity creditors generally cannot seize members' personal assets.
When does inopposability apply to a legal entity?
When it is used to violate law, public order, good faith, or third-party rights.
Who becomes jointly and unlimitedly liable under inopposability?
The direct or indirect controllers of the legal entity.
What happens to ordinary activity upon dissolution of a legal entity?
Dissolution stops ordinary activity and opens liquidation.
What defines a civil association's purpose and profit orientation?
It pursues a common good purpose principally without profit.
Can civil associations distribute profits to their members?
No, they must reinvest all profits in their purposes.
What governing bodies must a civil association have when exceeding 100 members?
An assembly, a commission of directors with president, secretary, treasurer, and a supervisory body.
What due process must an expelled member receive?
Opportunity to be heard, present a defense, and appeal before the assembly.
What limits judicial review of an expulsion in a civil association?
It is limited to legality and reasonableness.
What is a foundation's legal nature and membership status?
It is a legal entity created by unilateral patrimonial contribution with no members or associates.
How must a foundation be created and what must it submit for legal personality?
By public instrument and a Triennial Activity Plan with budgetary bases renewed every three years.
Under what conditions can a foundation’s purpose be changed?
Only if original fulfillment is impossible, with two-thirds council vote and state approval prioritizing founder’s will.
Test your knowledge with 36 questions on Private Law Persons and Legal Entities.
1. What does capacity of rights refer to, as distinct from capacity of exercise?
2. What is the general rule regarding a human person’s capacity of exercise?
Review the complete course in the study sheet for Private Law Persons and Legal Entities.
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