Flashcards: Private Law Persons and Legal Entities — 80 cards

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1Question

What is capacity of rights in legal terms?

Answer

It is the aptitude to hold legal rights and duties.

2Question

What is capacity of exercise in legal terms?

Answer

It is the aptitude to personally exercise rights.

3Question

What is the general rule regarding capacity of exercise?

Answer

Capacity of exercise is presumed unless restricted by law or judicial decision.

4Question

When does the existence of a human person legally begin?

Answer

At conception.

5Question

What protection applies to a human person conceived inside the woman's body?

Answer

Full protection as an unborn person.

6Question

What is the exercise capacity of an unborn person?

Answer

An unborn person has absolute incapacity of exercise.

7Question

How does an unborn person act legally?

Answer

Through necessary representation of the parents.

8Question

When do rights acquired by an unborn person become irrevocable?

Answer

If the person is born alive, even for an instant.

9Question

What age defines a minor?

Answer

A person under 18 years of age is a minor.

10Question

Who is an adolescent in terms of age?

Answer

A minor who has reached 13 years of age is an adolescent.

11Question

When can minors act without representatives under progressive capacity?

Answer

When they have sufficient age and maturity to perform permitted acts.

12Question

How is medical consent given for minors under 13?

Answer

Through their legal representatives.

13Question

Who decides on non-invasive treatment for adolescents aged 13 to 16?

Answer

The adolescent decides alone.

14Question

What is required for invasive treatment consent for adolescents aged 13 to 16?

Answer

Parental assistance is needed.

15Question

How are persons over 16 treated regarding decisions about their own body?

Answer

They are treated as adults.

16Question

What rights does a minor with an official professional qualification have?

Answer

They may exercise the profession independently, manage earnings, and litigate related matters.

17Question

From what age may a minor work under Law 26.390?

Answer

From 16 years of age.

18Question

What effect does marriage have on a minor before 18 with judicial dispensation?

Answer

It emancipates the minor.

19Question

Can an emancipated minor approve former tutors’ accounts?

Answer

No, an emancipated minor may never approve former tutors’ accounts.

20Question

Who does restricted capacity apply to?

Answer

Persons over 13 with addictions or serious mental impairments creating risk of harm.

21Question

What is the difference between restricted capacity and incapacity?

Answer

Restricted capacity applies to risk of harm, incapacity to absolute inability to interact or express will.

22Question

What role does a support system have for persons with capacity issues?

Answer

It assists understanding and decision-making without replacing the person’s will.

23Question

Who represents a person declared incapable?

Answer

A curator represents a person declared incapable.

24Question

What is the difference between capacity restrictions and prodigality-based disqualification?

Answer

Capacity restrictions protect the person; prodigality-based disqualification protects family assets.

25Question

What is domicile in legal terms?

Answer

Domicile is the legally fixed seat of a person.

26Question

What distinguishes residence from domicile?

Answer

Residence is the place habitually inhabited with some stability.

27Question

How is habitation defined legally?

Answer

Habitation is a merely accidental or temporary place.

28Question

What two elements define real domicile?

Answer

Physical presence (corpus) and intention to remain (animus).

29Question

What is legal domicile presumed by law?

Answer

A permanent residence presumed without admitting contrary proof.

30Question

To whom does legal domicile apply restrictively?

Answer

Public officials, active-duty military, itinerant persons, and incapable persons at their representatives' domicile.

31Question

What is a contractual domicile?

Answer

A domicile freely chosen for a contract that may extend jurisdiction to chosen courts.

32Question

When are notifications effective for private and public instruments at contractual domicile?

Answer

Private instrument notifications are ineffective until judicially recognized signature; public instrument notifications are effective from the first day.

33Question

What is the legal function of a person's name?

Answer

It is a right and duty of identity for social identification.

34Question

How many forenames can parents legally choose for their child?

Answer

No more than three forenames.

35Question

Can parents use surnames as forenames for their child?

Answer

No, they may not use surnames as forenames.

36Question

What surname does a child of married parents receive?

Answer

The first surname of either spouse.

37Question

Must all children of the same marriage have the same surname combination?

Answer

Yes, they must use the same surname combination chosen for the first child.

38Question

Can a spouse add the other spouse’s surname?

Answer

Yes, a spouse may add the other spouse’s surname.

39Question

What ends a spouse's use of the other’s surname after divorce or annulment?

Answer

Divorce or annulment normally ends that use.

40Question

Can a widow continue using the deceased spouse’s surname?

Answer

Yes, until remarriage or forming a domestic partnership.

41Question

What distinguishes a title of status from possession of status?

Answer

A title of status is official proof through a public instrument or judgment, possession is public treatment as if status existed.

42Question

What primarily proves birth and death in the country?

Answer

Civil Registry certificates principally prove birth and death.

43Question

When is supplementary evidence admitted for birth or death proof?

Answer

When the Civil Registry record is absent, void, or destroyed.

44Question

What legal protection does a notorious pseudonym for literary activity receive?

Answer

It receives the same legal protection as the name.

45Question

What type of process is used in judicial name-change proceedings?

Answer

The most abbreviated process is used.

46Question

Who is involved in judicial name-change proceedings?

Answer

The Public Prosecutor is involved.

47Question

What publication requirement exists in judicial name-change proceedings?

Answer

Notices must be published for two months for third-party opposition.

48Question

What control is included in judicial name-change proceedings?

Answer

Precautionary-measure control is included.

49Question

What marks the end of a human person's existence?

Answer

Biological death marks the end of a human person's existence.

50Question

What did the Civil Code abolish regarding death?

Answer

The Civil Code abolished the former institution of civil death.

51Question

What is required for death in organ removal?

Answer

Irreversible absence of cerebral response, spontaneous breathing, cephalic reflexes with fixed pupils, and brain inactivity for six hours.

52Question

How long must the absence of brain functions last for death in organ removal?

Answer

Six hours of cumulative and uninterrupted absence is required.

53Question

Who must sign the death certificate?

Answer

Two doctors must sign the death certificate.

54Question

What specialties must the doctors signing death certificates have?

Answer

At least one must be a neurologist or neurosurgeon.

55Question

Can doctors from the organ-removal or transplant team sign death certificates?

Answer

No, they may not sign death certificates.

56Question

What does the law presume when order of death is unknown for multiple deaths?

Answer

The law presumes simultaneous death and prevents hereditary transmission between them.

57Question

What defines simple absence in legal terms?

Answer

A person disappears without news, lacks a representative, and owns assets needing urgent protection.

58Question

How long are edicts published in simple absence cases?

Answer

Edicts are published for five days.

59Question

What happens if the absent person does not appear after edicts in simple absence?

Answer

The judge declares the absence and appoints a curator of the assets.

60Question

What powers does the curator have in simple absence?

Answer

The curator may only perform conservation and ordinary administration without judicial authorization.

61Question

When can presumed death be requested after a disaster?

Answer

After two years without news following a disaster.

62Question

What ownership rights do heirs have after presumed death?

Answer

Heirs hold imperfect ownership preventing sale or mortgage except for judge-authorized extreme necessity.

63Question

How long does prenotation last after presumed death?

Answer

Prenotation lasts five years from the presumptive death date or until the absent person reaches 80 years old.

64Question

What happens to heirs' ownership after prenotation ends?

Answer

Heirs acquire full ownership of the assets.

65Question

What is a legal entity?

Answer

An organization granted rights and obligations by law for its purposes.

66Question

When does a legal entity generally begin to exist?

Answer

Upon constitution under the free-constitution system.

67Question

What exception requires prior state authorization for legal entity constitution?

Answer

Civil associations and foundations require prior state authorization.

68Question

What separates a legal entity's personality and patrimony from its members'?

Answer

The legal entity has separate personality and patrimony from its members.

69Question

Can creditors seize members' personal assets for entity debts?

Answer

No, entity creditors generally cannot seize members' personal assets.

70Question

When does inopposability apply to a legal entity?

Answer

When it is used to violate law, public order, good faith, or third-party rights.

71Question

Who becomes jointly and unlimitedly liable under inopposability?

Answer

The direct or indirect controllers of the legal entity.

72Question

What happens to ordinary activity upon dissolution of a legal entity?

Answer

Dissolution stops ordinary activity and opens liquidation.

73Question

What defines a civil association's purpose and profit orientation?

Answer

It pursues a common good purpose principally without profit.

74Question

Can civil associations distribute profits to their members?

Answer

No, they must reinvest all profits in their purposes.

75Question

What governing bodies must a civil association have when exceeding 100 members?

Answer

An assembly, a commission of directors with president, secretary, treasurer, and a supervisory body.

76Question

What due process must an expelled member receive?

Answer

Opportunity to be heard, present a defense, and appeal before the assembly.

77Question

What limits judicial review of an expulsion in a civil association?

Answer

It is limited to legality and reasonableness.

78Question

What is a foundation's legal nature and membership status?

Answer

It is a legal entity created by unilateral patrimonial contribution with no members or associates.

79Question

How must a foundation be created and what must it submit for legal personality?

Answer

By public instrument and a Triennial Activity Plan with budgetary bases renewed every three years.

80Question

Under what conditions can a foundation’s purpose be changed?

Answer

Only if original fulfillment is impossible, with two-thirds council vote and state approval prioritizing founder’s will.

Test yourself with the quiz

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?

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