Legal Significance of State Possession and Enforcement
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Legal Significance of State Possession
Important Legal Aspects and Enforcement of State Possession
Importance of State Possession
1. Child's State Possession (Birth Missing)
Important legal implications for paternity (maternity and paternity) are asserted through regular trials.
2. Extramarital Descent
- If recognized by the parent, it establishes important paternity.
- If recognized by the mother, it establishes important maternity.
If either affiliation was not established in advance, it must be done through a recognition trial.
2. Possession of Another State Member
Serves to rectify mistakes through a trial testing the possession enjoyed. It can be tested through a correction trial (art. 230).
3. Recognition of a Deceased Child
Important to recognize when a child dies, showing possession of state. It can be tested through a survey trial or an insertion trial. If there was possession in life, no need to ask permission from spouse or descendants.
4. Legal Significance of State Possession and Marriage Enforcement (Rule 113)
It is important to demonstrate state possession to demand rights and duties arising from marriage. This is invoked through a rectification suit.
ART. 115: Seat for lack of minutes: shown by possession of status and enforced through insertion trial.
Legal Sites of Natural Persons
These are considered where the law allows a person to be located.
Most Popular Legal Headquarters:
- The Room
- Residence
- The Address
1. The Room
A place where a person can be temporarily located, with little legal relevance or value.
2. Residence
Where a person is considered fairly stable, with medium relevance.
3. The Address
Where a person has the seat of their interests (office, business, etc.). This is the most important and identifying information.
Types of Address
- General or Coarse Address: An address that all persons have, either voluntary or statutory.
- Voluntary Home: Chosen voluntarily by the person.
- Legal Address: Temporarily replaces the voluntary general address.