Article-37-with-cases-and-Article-43.pptx

Article 37 with cases

1. “Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.” ⚖️ Article 37

2. ⚖️ Article 37 – Juridical Capacity vs. Capacity to Act Even if the cellphone is not being used, it has a SIM card → it has an “identity” recognized by the network. Just like a person who, from birth, already has rights and obligations. This is lost only when the “SIM is removed” (death). Even if there is a SIM, you cannot use the cellphone without power. Just like a person who, even if he has juridical capacity, cannot act immediately (because he is still a child, of unsound mind, or legally restricted). If there is enough power (legal age, sound mind), then he can act and interact.

3. Person / Situation Juridical Capacity (right to be subject of rights & obligations) Capacity to Act (ability to personally exercise rights & obligations) Example 👶 Newborn Baby ✅ Yes, has juridical capacity (can inherit, can be entitled to support). ❌ No, cannot sign contracts or make decisions. Parents/guardians act for the child. Baby inherits property from a deceased parent, but guardians manage it. 👨‍🎓 18-year-old Adult ✅ Yes, always has juridical capacity. ✅ Yes, now has full capacity to act (legal age). Can buy land, sign a job contract, or start a business. 👨‍🦳 40-year-old Insane Person ✅ Yes, still has juridical capacity (still entitled to rights like property or protection). ❌ No, lacks capacity to act due to mental condition. A guardian must act on his behalf. Cannot validly sell his house; guardian signs instead. ⚰️ Deceased Person ❌ No more juridical capacity (lost upon death). ❌ No capacity to act (since juridical capacity is gone). Cannot inherit, cannot own property. Rights transfer to heirs. ⚖️ Article 37 – Juridical Capacity vs. Capacity to Act

4. A deceased applicant’s estate, as a juridical person, retains the right to pursue a public utility certificate, extending the applicant’s citizenship and fulfilling public interest and ficial requirements.

5. Debtors sued for non-payment; wife claimed husband insane at bond signing. Court upheld bond's validity, finding no incapacity at execution.

6. Son alleges father’s prodigality, claiming estate mismanagement and excessive donations; court rules insufficient evidence, dismissing claims.

7. “ If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other shall prove the same; in the absence of proof, they shall be considered to have died at the same time and there shall be no transmission of rights from one to the other .” ⚖️ Article 43

8. 📖 Article 43 – Simultaneous Death Rule Situation Rule Effect on Inheritance 👥 Two or more persons die in the same event If there is proof who died first ➡️ The one proven to die later inherits from the one who died first. After that, his/her heirs inherit . 👥 Two or more persons die in the same event If there is no proof who died first ➡️ They are deemed to have died at the same time . ❌ No transmission of rights between them. ✅ Each person’s own heirs inherit directly .

9. If a husband and wife both die in a plane crash, and no evidence shows who died first, the law assumes they died at the same time. Thus, the husband cannot inherit from the wife nor the wife from the husband. Instead, their respective heirs (like children or parents) will inherit directly.