Beginning

Juridical Capacity
RULE: from Birth

Natural Persons
Capacity to Act
RULE: Emancipation (18 y/o)

EXCEPTION: unborn fetus would

be considered as possessed of
juridical capacity under the
following conditions:
1. for matters which are
favorable to it
2. birth later under the
conditions laid down in
Arts. 40-41. (passive
beginning)

Restrictions

Fetuses with intra-uterine life for 7

months or more: just have to be
alive at the time of complete
separation from the womb
Fetuses with intra-uterine life of less
than 7 months must be alive for at
least 24 hours from the time of
complete separation from the
maternal womb.
Complete separation from the
womb is when the umbilical cord is
cut

None

Juridical Persons
Capacity to Act
Creation

EXCEPTIONS: certain transactions

can be entered into like opening a
bank account or being a witness
(active, personal involvement)
Cannot enter into marriage without
parents consent (18-21 y/o)

1.
2.
3.
4.

5.
Modifications

Juridical Capacity
Creation

1.
2.
3.
4.
5.

Minority all acts with legal

effect unless there is a
guardian
Insanity or Imbecility all
acts with legal effect unless
there is a guardian
Deaf-mute cannot be
witnesses to a notarial will
Civil Interdiction no
parental or maternal
authority; cannot dispose or
manage his properties inter
vivos; cannot be guardian of
ward / property
Prodigality cannot manage
his properties
Age
Insanity
Imbecility
Deaf-mute
Penalty

None

None

Restrictions are found in:

1. Laws
2. Charter creating them
or
3. Articles of
Incorporation (for
private purposes
restricted by their
purpose clause)

1.
2.
3.

Insolvency
Trusteeship
Alienage

CIVIL LAW MIDTERMS REVIEWER 4C and 4D AY 2006-2007

by: Merlin Ang, Joyce Briones, Fritzzie Espaol, Trina Ilarde, Jew Lao, Mike Mate,
Bunny Quiros, Eeza Ramos, Victor Ramos, Clifton Sawit, Christine Trinidad

28-A

6.
7.
8.
9.
10.
11.
Termination

Death

Prodigality
Family Relations
Alienage
Absence
Insolveny
Trusteeship
Death

Dissolution

Dissolution

CIVIL LAW MIDTERMS REVIEWER 4C and 4D AY 2006-2007

by: Merlin Ang, Joyce Briones, Fritzzie Espaol, Trina Ilarde, Jew Lao, Mike Mate,
Bunny Quiros, Eeza Ramos, Victor Ramos, Clifton Sawit, Christine Trinidad

28-A