Understanding Legal Capacity, Nationality, and Domicile

Capacity

Capacity to Enjoy and Exercise Rights

Capacity, in general, is the legal ability to exercise rights and obligations. It is divided into capacity to enjoy and capacity to exercise. The former refers to the legal ability to hold rights and obligations, while the latter refers to the legal ability to personally exercise those rights and obligations.

Capacity of Natural Persons

According to Article 1446 of the Civil Code, "every person is legally capable, except those whom the law declares incapable."

Types of Incapacity

There are two types of incapacity:

• Absolute Incapacity: This applies to prepubescent individuals (women under 12 and men under 14), the insane, and the deaf who cannot express themselves in writing. These individuals can only act in the legal environment through their legal representatives. Any act performed by these individuals without their representative is considered null and void.
• Relative Incapacity: This applies to minors (women aged 12 to 20 and men aged 14 to 20) and individuals under interdiction from managing their own affairs. Their incapacity is not absolute, and their actions may be valid under certain circumstances determined by law.

Name

The name is the set of words used to distinguish one legal or juridical person from another.

Components of a Name

For natural persons, the name is composed of two parts:

• Personal Name or Given Name: This is individual and arbitrary, given by the person registering the birth. However, Section 31 of Act No. 4808 (Civil Registration Law) sets limitations, prohibiting names that are fanciful, ridiculous, unbecoming, inappropriate for the sex, or contrary to good language.
• Family Name or Surname: This reveals the individual's family origin and lineage.

Nationality

Nationality is the bond that unites an individual with a particular state, establishing reciprocal rights and obligations.

Principles of Nationality

• Nationality is not compulsory; one can renounce their citizenship.
• Every individual must have a nationality.
• Generally, an individual cannot have more than one nationality. However, due to differing laws, dual citizenship is possible.

Article 56 of the Civil Code states that "Chileans are those whom the Constitution states as such. The rest are foreigners."

Ways to Obtain Nationality

Nationality can be obtained in two ways: by origin and by choice.

Nationality by Origin

Different laws establish different procedures for obtaining nationality by origin:

• Ius Solis: An individual obtains the nationality of the territory where they are born, even if their parents are foreign.
• Ius Sanguinis: An individual obtains the nationality of their parents, even if born abroad.
• Mixed System: Most laws combine the ius solis and ius sanguinis principles.

Nationality by Choice

This is granted artificially, either by grace (through a law favoring individuals who have rendered distinguished service to the country) or by naturalization (an administrative act for individuals meeting specific legal requirements, including renouncing their former nationality).

Domicile

According to Article 59 of the Chilean Civil Code, "domicile is the residence, accompanied by real or presumed intention to remain in it."

Types of Domicile

• Political Domicile: According to Article 60 of the Chilean Civil Code, "political domicile is within the territory of the state in general. Whoever possesses or acquires it is or becomes a member of Chilean society but retains their foreign status." The constitution and effects of political domicile are determined by international law.
• Voluntary Domicile: This is freely chosen by each person.
• Legal Domicile: This is imposed by law on certain individuals.
• General Domicile: This governs all legal relations of the individual.
• Special Domicile: This applies to specific purposes.

Status

Article 304 of the Civil Code defines marital status as "the quality of an individual that enables them to exercise certain rights or contract certain civil obligations."

Heritage

Heritage is the set of assets, rights, liabilities, and expenses, estimated in monetary terms, that constitute a universal right.