Legal Personhood and Capacity: Understanding Rights and Obligations

Legal Status and Capacity to Act

An individual possesses a natural ability to act that evolves with age. Colloquially, this is referred to as being a mature or immature individual. Its development depends on social circumstances, such as family and education. However, full mental maturity is generally reached by all individuals at a certain age.

The law takes into account this capacity to act, distinguishing between legal capacity and capacity to act.

• Legal Capacity: This is the capacity to have rights and obligations. All individuals possess legal capacity simply by existing.
• Capacity to Act: This is the ability to exercise those rights and fulfill obligations. It is acquired at a certain age, when it is socially accepted that an individual has reached mental maturity, and it can depend on various personal circumstances (e.g., age, nationality, residence, marital status).

The Beginning and End of Legal Personhood

Although birth and death are biological concepts, legal nuances give them specific meaning and content within the law.

Birth of a Legal Person

A person is legally born when the fetus takes human form and lives 24 hours outside the womb (Art. 30 CC). This concept, while rooted in an older Civil Code provision, is still in force and is arguably qualified by other principles. However, even before birth, rights are recognized for the unborn conceived, referred to as the "nasciturus."

Legal Determination of Death

Death signifies the extinction of the capacity to act and is determined by biological death. However, if there is doubt regarding death, and to avoid the legal uncertainty this could create for society, a series of steps are established to declare an individual legally deceased even without absolute physical certainty.

Legal Status and Age

The legal status of an individual is significantly influenced by their age.

Age of Majority

The age of majority is reached at 18 years (Article 12 EC and Article 315 CC). Full capacity to act is attained with the age of majority. It is assumed that at this age, an individual is sufficiently mature to discern and decide for themselves.

Minors and Legal Representation

A minor has legal capacity but not the full capacity to act. Thus, any significant legal action involving a minor must generally be performed by their parents or guardians. If a minor enters into a contract, it can be annulled by their parents or guardians, or by the minor themselves upon reaching legal age, if they deem it detrimental to their interests.

Natural Capacity and Exceptions

While it is assumed that upon reaching a certain age, everyone attains a level of maturity enabling them to act freely and responsibly, there are cases where, due to physical or psychological causes, this is not the case. In situations where the ability to discern has not reached the minimum necessary threshold, the law provides specific protection mechanisms for these individuals.