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the time of his sentence the right to dispose his
property by any act of any conveyance inter vivos
(lifetime).
- EXCEPTION: By 18 years of age onwards, he
may execute a will to be able to dispose of
his property when he’s dead.
* Family Relations, marriage, forbits spouses to sell or
encumber conjugal property without the consent of
the other. Cannot donate or enter universal
partnership with each other.
Article 133. Every donation between the spouses
during the marriage shall be void. This prohibition does
not apply when the donation takes effect after the
death of the donor.
Article 1782. Persons who are prohibited from giving
each other any donation or advantage cannot enter
into universal partnership.
Art. 1779. In a universal partnership of all present
property, the property which belongs to each of the
partners at the time of the constitution of the
partnership, becomes the common property of all the
partners, as well as all the profits which they may
acquire therewith.
EXCEPTIONS
* Capacity to act is not limited on account of religious
belief or political opinion.
* A married woman, 21 years of age or over, is
qualified for all acts of civil life except in cases
specified by law (Art 39 CC)
- A married woman under 21 years of age
OBLIGATIONS
* An imbecile, insane person or a minor may be held
civilly liable for a crim for which he is excempt from
criminal liability
*
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TITLE I. CIVIL PERSONALITY mother’s womb, it is viable. This requisite is dispensed with
CHAPTER 2 NATURAL PERSONS under our law, which in effect conclusively presumes
--------------------------------------------------------- viability if the foetus is alive when completely separated
from the mother’s womb (1 Tolentino 172, citing 1 Planiol
Article 40. Birth determines personality; but the
& Ripert 6; 2 Borja 188-190; Brugi, pp. 51-52).
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 * Being unborn is no impediment to the acquisition of
article. (29a) rights. Unborn may:
- receive donation,
Article 41. For civil purposes, the foetus is considered - receive succession,
born if it is alive at the time it is completely delivered
- receive recognition of filiation
from the mother's womb. However, if the foetus had an
intra-uterine life of less than seven months, it is not - CONDITION: intra-uterine life of more
deemed born if it dies within twenty-four hours after its than 7 months and dies after 24 hours:
complete delivery from the maternal womb. (30a) BORN
- CONDITION: intra-uterine life of more
than 7 months and dies before 24
CONCEPTION
hours: BORN.
- meeting of the egg and the sperm marks the beginning
of the intra-uterine life
- CONDITION: intra-uterine life of less
than 7 months and dies after 24 hours:
BIRTH
BORN: BORN
- spells the end of intra-unterine life where… such.. Is
expelled from the womb
- EXCEPTION: intra-uterine life of less
than 7 months and dies before 24
hours: UNBORN
PERIOD OF CONCEPTION
- [pls exempt Anencephaly..]
– Science has not determined the exact moment when
conception begins (1 Valverde 247). Medical experts
can only make estimates, but cannot determine the
exact moment. Legally, however, in a normal child, the
period of conception is the first 120 days of the 300 days
preceding the birth of the child.
SEPARATION FROM MOTHER
Separation from Mother. – The total separation of the
foetus from the mother’s womb is produced by the
cutting of the umbilical cord, whether the removal takes
place naturally or by surgical operation (1 Tolentino 171,
citing 1 Camus 57-58). BURDEN OF PROOF
TEST FOR LIFE There are some who Others, however,
maintain that in case of maintain that the party
The general opinion is that independent life required for doubt as to whether the who claims a right based
juridical personality can be shown only by complete child was born alive or on the juridical existence
respiration. The cry of the child, although it is not a dead, the presumption is of the child has the
that it was alive, and the burden of proof that the
necessary sign of life, is evidence that it has acquired burden of proof is on the child acquired juridical
complete respiration. Another indication of complete party who alleges the personality (1 Tolentino
respiration is the floating of the lungs when placed in contrary (1 Tolentino 173, 173, citing 2 Borja 194).
citing 1 Oyuelos 77). This is
water; this means that air has penetrated into the lungs expressly provided in the
breathing (Valverde 249-250; 2 Borja 193-194, quoting Argentina Code (article
75).
from Demolombe; 1 Planiol & Ripert 6; Brugi, p. 51).
VIABILITY NOT REQUIRED IN OUR LAW
if the child had an Article, will show that
intra-uterine life of less the fact of being alive
Same; Viability Not Required. – French law requires not
than seven months, the at the time of birth is
only that the child be alive but also viable at birth; the
burden of proving that it made a condition for
latter is not required under our law, which, like the did not live 24 hours juridical personality. If it
German requires only that it be alive even for an instant. after complete is a condition, it cannot
Viability means that the child is capable of living, and this separation from the be presumed, and the
is determined by the extent of the development of its mother’s womb would burden of proof must lie
organs. If it is incapable of living, because of too rest upon him who upon those who claim
premature birth, or due to some imperfection of the alleges it. that the condition has
organs, it is not viable. But if it is of such sufficient maturity been fulfilled.
of development as to enable it to live outside of the
• __
Article 50. For the exercise of civil rights and the
fulfillment of civil obligations, the domicile of natural
persons is the place of their habitual residence. (40a)
Residence = intent to leave eventually, as soon as the
purpose ends/is established
Domicile = may leave, but will always have the intent to
return
- animus revertendi = eventually intends to return
to
- animus manendi = intention of returning
PERMANENTLY (remain)
CLASSIFICATIONS:
1. Domicile of origin = acquired by every person at birth
2. Domicile of choice = which is acquired upon
ABANDONMENT of the domicile of origin.
3. Domicile by operation of law
GENERAL RULE: Domicile of origin is not easily lost; it is lost
only when there is an actual removal or change of
domicile, a bona fide intention/purpose of abandoning
the former residence and establishing a new one and
acts which correspond with such purpose.
BASIC RULES ON DOMICILE
1. A man must have a residence or domicile somewhere
2. Domicile, once established, remains until a new one is
validly acquired
3. A man can have but one residence or domicile at any
time.
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