Civil Law Basics: Concepts and Definitions

Civil Law Basics

Key Concepts and Definitions

Individuals and Entities

Population

Any person or entity who acquires or uses a product or service as an end user.

Supplier

Any person or entity, public or private, domestic or foreign, involved in the production, assembly, creation, construction, processing, import, export, distribution, or marketing of products or services.

Advertising and Marketing

Misleading Propaganda

Any advertising that is wholly or partly false or capable of misleading consumers about the nature, characteristics, quality, quantity, properties, origin, price, or any other details of the products.

Tampering

Discriminatory advertising of any kind that incites violence, exploits fear or superstition, profits from the inexperience of children, or induces consumers to behave in ways that are dangerous or harmful to their health.

Natural Persons

Natural Personality

The personality of a civil person begins at birth and continues throughout life. A person born alive, even if they die shortly after, acquires rights. Only with actual death does the existence of a natural person end.

Concept of Natural Person

A human being as a subject of rights and duties. To be a person, one must simply exist.

Legal Capacity

Capacity of Law

The inherent capacity that all individuals possess.

Capacity in Fact or Action

The ability to perform one's own acts of civil life.

Full Capacity

Possessing both capacity of law and capacity in fact.

Limited Capacity

Possessing only capacity of law (unable to exercise capacity in fact).

Disability

A legal restriction on the exercise of acts of civil life.

Absolute Disability

A total prohibition on exercising one's own rights (e.g., individuals under 16 years of age, those with illnesses or disabilities that prevent them from understanding the consequences of their actions).

Relative Disability

Individuals between 16 and 18 years of age, those who are habitually intoxicated or addicted to drugs, and those with intellectual disabilities that reduce their discretion; also includes individuals declared prodigal.

Note: The legal capacity of indigenous peoples is governed by specific legislation.

Prodigal

An individual who recklessly dissipates their wealth. This is considered a misuse of personality and not necessarily a state of mental alienation.

Termination of Disability

Disability ceases when its cause ends (e.g., mental illness, minority) or through emancipation.

Voluntary Emancipation

Granted by parents if the minor is 16 years old.

Judicial Emancipation

Granted by court order.

Legal Emancipation

Results from certain legal facts, such as marriage or holding public office.

Tort Law

Tort

A person who, through voluntary action or omission, negligence, or recklessness, violates the law or causes harm to others, even if only moral harm, commits an unlawful act. This also applies to those who abuse their legal rights. The author of the damage is required to repair it (compensation for the harm caused).

Liability

Criminal Liability

The agent violates a penal sanction of public law. The victim is society.

Civil Liability

The interest of a private individual is directly injured. The aggrieved party may or may not seek reparation.

Subjective Responsibility

Based on the idea of guilt. Proof of guilt is a prerequisite for damage indemnification.

Objective Liability

Repair of damage committed without guilt. Fault is not required; only damage and causation need to be established.

Presumed Guilt

Reverses the burden of proof. The plaintiff only needs to prove the action or omission and the resulting damage, as guilt is presumed.

Four Elements of Tort

Action or omission, negligence or fraud of the agent, causality, and damage.

Abuse of Rights

Occurs when an individual, acting within the limits of the law, disregards the social purpose of their subjective rights and exercises them in a way that causes harm to others.

Public vs. Private Law

Public law governs relations where the State exercises sovereignty. Private law applies when the State acts as an equal with individuals (e.g., state-owned enterprises). Constitutional law, administrative law, criminal law, and procedural law belong to the public sector. Private law deals with individual interests and the protection of societal values and collective interests, such as family. Civil law and commercial law belong to the private sector.