[CIVIL LAW LECTURES] Articles 40 and 41 of the Civil Code and Civil Personality | #LEARNWITHLEX

Summary

In this video, the host explains the concept of civil personality, focusing on the legal implications of birth and capacity. It covers the distinction between presumptive and actual personality, emphasizing how an unborn child has legal rights as long as it survives certain conditions. The video delves into key civil code articles and real-life examples to illustrate when a child's civil personality is established. The lesson also touches on complex topics like premature births and the legal recognition of an unborn child, with a clear focus on understanding legal relations, inheritance, and the concept of capacity in law.

Takeaways

• 😀 **Civil Personality** begins at birth, and is the legal status that allows a person to be the subject of rights and obligations.
• 😀 **Juridical Capacity** refers to the inherent ability to be a subject of legal relations, which is lost only through death.
• 😀 **Presumptive Personality** is assigned to the unborn child, allowing them to receive legal benefits before birth, under specific conditions.
• 😀 **Actual Personality** applies when a child is born alive and meets the conditions set by the Civil Code.
• 😀 **Article 40 of the Civil Code** states that birth determines personality, but a conceived child can still be considered born for favorable purposes.
• 😀 **The Complete Separation of the Fetus from the Mother's Womb** is the key to determining birth, including the cutting of the umbilical cord.
• 😀 **A Conceived Child** can be recognized as a bearer of legal rights, as shown in the case of Caesar and his unborn child, even if it hasn't been born yet.
• 😀 **Article 41 of the Civil Code** outlines that a fetus is considered born for civil purposes if it is alive when fully delivered from the mother's womb.
• 😀 **The 24-hour Rule** applies to fetuses with an intrauterine life of less than seven months; they must survive at least 24 hours after birth to be legally considered born.
• 😀 **Unborn Children** are capable of bearing legal rights, such as inheritance and donations, if they meet the required conditions outlined in the law.

Q & A

What is the concept of juridical capacity in law?

Juridical capacity refers to the fitness of an individual to be the subject of legal relations, meaning the ability to hold rights and obligations. This is inherent in every natural person and is only lost upon death.

Why can’t Chucky, the dog, inherit property?

Chucky, being a dog, does not have civil personality. Under the Civil Code, only natural persons, meaning human beings, can hold legal rights, including the right to inherit property.

What does Article 40 of the Civil Code state regarding civil personality?

Article 40 of the Civil Code states that civil personality begins at birth, which is defined as the complete separation of the fetus from the mother's womb. This marks the point at which a person gains full juridical capacity.

How does presumptive personality differ from actual personality?

Presumptive personality refers to the legal recognition of an unborn child as a subject of legal rights, even before birth, for purposes favorable to the child. Actual personality, on the other hand, is attained once the child is born alive and is fully separated from the mother.

Can an unborn child be the subject of legal relations?

Yes, an unborn child can be the subject of legal relations for purposes beneficial to them. For example, an unborn child can be recognized as an heir or recipient of donations, provided the conditions under the Civil Code are met.

What does the term 'complete delivery from the maternal womb' mean in the context of the Civil Code?

Complete delivery from the maternal womb means the full separation of the child from the mother, including the cutting of the umbilical cord. This is when a child’s presumptive personality turns into actual personality under the law.

Under what condition is a fetus considered born for civil purposes according to Article 41?

According to Article 41, a fetus is considered born for civil purposes if it is alive at the time it is completely delivered from the mother's womb. If the fetus had an intrauterine life of less than seven months, it must survive at least 24 hours to be considered legally born.

What happens if a child is born alive but dies within 24 hours?

If a child is born alive but has an intrauterine life of less than seven months and dies within 24 hours of birth, they are not considered legally born under the Civil Code. This rule ensures that the child must survive for at least 24 hours to gain full civil personality.

What is the significance of the 24-hour survival rule for premature infants?

The 24-hour survival rule applies to children born with an intrauterine life of less than seven months. For these children to be legally considered born, they must survive for at least 24 hours after birth, which establishes their legal rights under the Civil Code.

What is the legal effect of a child’s presumed personality transforming into actual personality?

Once a child’s presumptive personality transforms into actual personality upon birth, they are entitled to full legal rights, including inheritance and other legal relations. This shift occurs when the child is born alive and completely separated from the mother.