Personality and the Law

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Personality and the Law by Mind Map: Personality and the Law

1. Legal System and Law

1.1. validates

1.2. defines

1.2.1. dimensions of human being and organisations

1.2.1.1. natural person

1.2.1.1.1. physical entity, you or I

1.2.1.2. legal entity

1.2.1.2.1. assigns some characteristics attributable to a natural person to an organization

1.2.1.2.2. Can private or public

1.2.1.3. juridical person

1.2.1.3.1. modern, relatively new

1.3. gives shape

2. A Person

2.1. Defined by civil laws, civil codes & statutes

3. Three Main Aspects

3.1. 1. Existence and duration of persons

3.1.1. registration

3.1.1.1. purpose of an entity

3.1.1.1.1. scope of their capacity

3.1.2. legal existence

3.1.2.1. existence and duration of persons very controversial

3.1.2.1.1. determines when the subject receives its legal rights and duties

3.1.2.2. Legal entities begin their existence when "constituted"

3.1.2.2.1. legal procedures, incorporated

3.1.2.2.2. constitutional act should be protocolized and registered

3.1.3. Personality

3.1.3.1. a legal category

3.1.3.2. obtained and terminated with a legal act

3.1.3.2.1. was not always like this, e.g. Rome

3.2. 2. Identity

3.2.1. differentation between persons

3.2.1.1. allocation of risks and responsobilities

3.2.2. Attributes of the personality

3.2.2.1. Name

3.2.2.1.1. Individuality and the right to it

3.2.2.1.2. author's rights, e.g. literature

3.2.2.2. Civil status

3.2.2.2.1. natural persons

3.2.2.2.2. gender, age, paternity, marriage, filiation, affinity

3.2.2.2.3. cannot be modified by private agreements

3.2.2.2.4. facts -> juridical implications

3.2.2.3. Nationality

3.2.2.3.1. Link between a person and its state

3.2.2.3.2. rights and obligations

3.2.2.3.3. protection internationally

3.2.2.3.4. legislation dictates terms of obtainment

3.2.2.3.5. can be renounced or reacquired

3.2.2.3.6. "ius soli" & "ius sanguini"

3.2.2.4. Citizenship

3.2.2.5. Patrimony

3.2.2.5.1. patrimonial rights and duties

3.2.2.5.2. "worth" of a person in pecuniary terms

3.2.2.5.3. assets and debts

3.2.2.5.4. personal right and property rights

3.2.2.5.5. can be transmitted but not transferred

3.2.2.5.6. every person has one patrimony

3.2.2.6. Domicile

3.2.2.6.1. place of living

3.2.2.6.2. a right

3.2.2.6.3. information the state needs -> distribution of public services

3.2.2.6.4. person can have multiple domiciles

3.2.2.7. Capacity

3.2.2.7.1. ability to act and entitlement to be protected by law

3.2.2.7.2. possibility to enter into legal relationship

3.2.2.7.3. Lack of capacity

3.2.2.7.4. legislated in great detail

3.3. 3. Capacity

3.3.1. the scope of our legal possibilities

3.3.2. Natural persons; 2 types of capacities

3.3.2.1. 1. Factual: recipient of rights

3.3.2.2. 2. Juridicial: to act, create, transform or extinguish obligations

3.3.2.3. Imputability

3.3.2.4. factors affecting: old age, mental disability etc.

3.3.3. Moral person

3.3.3.1. regulated by specific laws

3.3.3.1.1. mainly by personality laws & representation rules

3.3.3.2. representatives: legal mandate

3.3.3.3. cannot be willing, negligent or criminal

3.3.4. Legal entity

3.3.4.1. enjoy rights but restricted in their ability to act