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- However, they are certain classes of persons that the law offers a more limited set of right and duties. - The certain classes are minors, person of unsound mind and incompetent person. - Therefore, the contract made by these persons are voidable.
- Juristic Person comes into existence only by virtue of the law. - Juristic person enjoys the same rights and duties as a natural person.
1). Public bodies 2). Monasteries 3). Registered partnerships 4). Limited companies 5). Associations 6). Authorized foundation
Section 15
Personality begins with the full completion of birth as a living child and ends with death.
Meaning: - The personality occurs when a baby is born and still be alive. - The full completion of birth and living for few minutes, he/she still got the personality.
1). Death - means come to an end of life when he/she lost heartbeat. 2). Disappearance - it occurred when someone has left his domicile or residence for a certain period of time and do not know whether he/she is alive. - It is divided into two cases as follows: > Disappearance in normal case > Disappearance in special case
It shall be reduced from 5 to 2 years Vehicle lost / destroyed War / battle comes to an end Any other peril of his life
Note: The persons who has disappeared from their Domiciles or residences, both in normal case and special case cannot be called a Disappeared person but called Absent person.
The interested person or the Public Prosecutor as well as the disappeared persons themselves are entitled to ask for the revocation of disappearance, if they could prove the following situations: 1). The person who has disappeared is, in fact, living: or 2). The person who has disappeared has died at a time different from that specified in Section 62, five years or two years consecutively up to the case.
Restriction has been created for preventing someone who is seemed to be taken advantage from inexperienced or vulnerable person. The law prescribed the following persons with the restriction. 1). Minor 2). Incompetent 3). Person of unsound mind 4). Quasi-incompetent
Minor is a person who has not reached to the age of 20. However, they are 2 ways of person to arrive at his majority.
1). When he or she reaches the age of twenty. 2). Upon the marriage, provided that the man and woman have completed their seventeenth years of age. In addition, they have to get the permission from their parents for their marriage.
Section 21 provides that.. For the doing of a juristic act, a minor must obtain the consent of his legal representative. All acts done by him without such consent are voidable. This means that any acts of the minor will be legally enforced, if the minor has a permission from his legal representative who are his parents or guardian. On the other hand, without permission or any consent of his legal representative, the act is voidable.
- A minor cannot be a party to a contract. He must be represented by his legal representative. Without the consent of legal representative, the act is voidable. -However, they are exceptions that a minor can validly enter into legal transactions by himself without requiring the consent of the legal representative. For examples: - Minor can accept donation. - Minor can spend his allowance given by his parents to support himself at school.
-The incompetent is a person of unsound mind who has been adjudged incompetent by the court. -However, if the person of unsound mind has not been Adjudged incompetent, he is just a person of unsound mind.
- is the person who has mental illness and incapable of managing himself or his affairs.
- For instances, they are insane person, idiot, and imbeciles.
- The act done by the unsound mind person will become voidable when > the act was done at a time when he as actually of unsound mind > other party had knowledge of such unsoundness.
- is person who is incapable of managing his own affairs or whose management is likely to cause detriment to his own property or family because of
1). What are the two cases that cause the ending of the personality? Answer: Death and Disappearance
2). How many years for a people to be considered in disappearance in normal case? Answer: 5 years
3). What is a minor person? A: It is a person who has a height less than 1.4 m B: It is a person who has yellow body with one big eye. C: It is a person who has not reached the age of 20.