📌 Capacity of rights is the aptitude to hold legal rights and duties, whereas capacity of exercise is the aptitude of a human person to exercise rights personally.
📌 The general rule is presumed capacity of exercise, and a restriction exists only when the law or a judicial decision provides otherwise.
📌 Rights acquired by an unborn person through donation or inheritance become irrevocable if the person is born alive, even for an instant, while a stillbirth causes the rights to disappear retroactively.
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?
3. When does the existence of a human person begin for purposes of legal protection as an unborn person?
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.
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