13 Conception theory states that personality begins at the beginning of intrauterine life, from the moment of conception. They refer to the fact that the receipt and the unborn child is already a person and as such has personality because it is materially the same being who will later have ectopic life. 16 Eclectic theory mixes elements of precedent by emphasizing the moment of living birth as that which marks the beginning of personality, but recognizes the right to receipt and to the unborn child, that is, removes the effects of birth on the moment of conception, for that which is beneficial to the individual. This is the theory most adopted by modern legislation, especially nineteenth-century codification. Abstract This article entitled “Conceptual reflections on categories: person, personality, capacity and legal entity. A special reference to article 1 of the Guatemalan Civil Code “supports the legal concepts of person, personality, capacity and legal person from a theoretical point of view, but that it is again necessary for its possible application a posteriori in the premises of law and, above all, on the basis of the challenges that the twenty-first century brings to civil law, to be delimited. on the basis of the position of the Civil Code of Guatemala of 1964. 24 Valdés Díaz understands everything that is useful to him, not only in the patrimonial order, such as acquisitions based on non-incriminating titles, but also in the non-patrimonial field as regards respect for his integrity and his qualities as a future person. Vid. Valdés Díaz.
Caridad del Carmen. Human rights, bioethics and family law. Some legal considerations, in particular, with regard to Cuban regulations. p. 7. 3. Marquez Ruiz, José Manuel. “Beginning and end of personality.” Available on the World Wide Web: >noticias.juridicas.com Leggio, Contenidos y Aplicaciones Informáticas, S.L.
P. 2. 5 There is some doctrinal consensus on the definition of a person. In Spanish doctrine, for example, Diez Picazo and Gullón, consider the person as “every man is a person, that is, nature is endowed with intelligence and free will” in Diez Picazo, Luis and Gullón, Antonio. Sistema de Derecho Civil, I, Editorial Tecnos, Volume I, Octava edición, Madrid, 1992, p. 226. Hualde Sánchez states: “To be a person means to have the capacity to be the object of rights or to be an active or passive subject of a legal relationship, and adds that to be a person means to have the legal capacity, or what is the same, to have the personality.” Hualde Sánchez, J. J., “La personalidad jurídica”, in Manual de Derecho Civil, edited by Puig Ferriol, L., et al., Marcial Pons, Madrid, 1997, p. 109.
11 According to Valdés Díaz, subjective rights are the legal power recognised and conferred by the legal order, which is composed of a set of uniformly grouped powers which are vested in their holders to the satisfaction of certain The General Court held that the General Court had held that the General Court had held that the General Court had held that the General Court had not lost sight of the fact that the interests of the General Court had not lost sight of the fact that the interests of the General Court had of the Tribunal were abstract, leaving in this way they are divided into three groups: personal rights, personal family rights, and property rights. Personal rights are rights inherent in the existence of man, which the legal system attributes to the person for the defence and protection of the qualities and qualities of man. These include the right to life, physical integrity, liberty, name, honour, privacy and image. Vid. Valdés Díaz. Caridad del Carmen. Ob.cit., pp. 98-99.
Luis and Gullón. Antonio. Civil Law System VI. Editorial. Tecnos Madrid 1982. Diez Picazo, Luis and Gullón, Antonio. Sistema de Derecho Civil, I, Editorial Tecnos, Volume I, Octava edición, Madrid, 1992. Espinosa Espinosa, J., Derecho de las personas.
Edited by Rodhas SAC., 5th edition, Lima, 2006. Fernández Sessarego, Carlos, What is a person for the law? “Derecho Privado”, Libro en homenaje a Alberto J. Bueres, Editorial Hammurabi, Buenos Aires, 2001.Fernández Sessarego, Carlos. Person, personality, capacity, legal entity: a repeated and necessary conceptual demarcation on the threshold of the twenty-first century. Presentation of the reasons and commentaries of the first book of the Peruvian Civil Code. Study Bookstore, editors, Lima, 1986. Hualde Sánchez, J.J., “La personalidad jurídica”, in Manuel de Derecho Civil, edited by Puig Ferriol, L., et al., Marcial Pons, Madrid, 1997. Freddy Andrew. A critical approach to the legal status of the unborn conceived in Revista Jurídica Ministerio de Justicia, Third period, year 2, No.
4, 2009. Márquez Ruiz, José Manuel. “Beginning and end of personality.” Available on the World Wide Web: noticias.juridicas.com Leggio, Contenidos y Aplicaciones Informáticas, S.L. Planiol, Marcel. Basic civil law contract. Volume III, Editorial Cajica, Mexico, 1946. Caridad del Carmen. On the performance exercise of people with disabilities. An approach to the Cuban reality. Comentarios al Código Civil Cubano (in edition).
Valdes Diaz. Caridad del Carmen. Compendium of Civil Law. Havana, editorial. Felix Varela, 2004. Valdes Diaz. Caridad del Carmen. Human rights, bioethics and family law. Some legal considerations, in particular, with regard to Cuban regulations. Valdes Diaz. Caridad del Carmen.
The recipient is considered to be born for all purposes favorable to him, provided that he was born alive. Notes on article 25 of the current Cuban Civil Code (as amended). Valdes Diaz. Caridad del Carmen. The personality begins at birth and dies out with death. Notes on article 24 of the current Cuban Civil Code (as amended). Sources of law Civil Code of the Republic of Cuba, Law No. 59/1987 of 16.
July, commented and coordinated with the Cuban and Spanish legal systems by Ángel Acedo Penco and Leonardo B. Pérez Gallardo, Dykinson, Madrid, 2005; Distribution of MINJUS, Havana, 1988. 9 This view of personality is shared by Professor Vila-Coro when he defines personality “as the way in which the person manifests himself before the law”. See Fernández Sessarego, Carlos, ibid., p. 4. Summary : I. Introduction. I.1 The concept of natural and legal person. I.2 Personality and legal capacity. Two terms that cannot be separated. I.2.1 Theories that explain the beginning of personality. The position adopted by article 1 of the Guatemalan Civil Code.
I.2.2 Definition of terms according to personality and legal capacity. I.3 Receipts and unborn children. The granting of rights favourable to him is subject to an iuris condition: to be born alive. II. Final considerations. III. Bibliography 22 The unborn child is not recognized as a personality but as a person, because it implies the structural character of man as the starting point for his development. In this way, personality implies the ability to recognize personality a posteriori and can only be attributed to the human embryo at any stage of its development from the moment of conception. Personality is a Prius and it is precisely for this reason that the recipient will acquire personality. Vid. Valdés Díaz.
Caridad del Carmen. Human rights, bioethics and family law. Some legal considerations, in particular, with regard to Cuban regulations. S. 5 14 The theory of birth affirms that personality begins at birth, for if the law deals with external actions, the person can only be legally recognized when independent life begins, after the natural or artificial separation of the individual from the maternal monastery. 17 Psychological theory is the least accepted and disseminated and starts from the assumption that legal personality has its basis in the psychological personality, so that personality begins when the individual acquires sufficient maturity, when he acquires the sense of his legal personality. 10 Fernández Sessarego emphasizes in Fernández Sessarego, Carlos, that “personality is not an entity, but a condition or quality inherent in man”. Person, personality, capacity, legal entity: a repeated and necessary conceptual demarcation on the threshold of the twenty-first century.
Presentation of the reasons and commentaries of the first book of the Peruvian Civil Code. Librería Studium, Editores, Lima, 1986, p. 5. 15The theory of viability, on the other hand, requires, for the recognition of personality, not only the fact of birth, but also live birth and the ability to continue life outside the womb, outside the maternal monastery. Keywords: person, personality, capacity, legal object. At present, the legal concepts of person, personality and legal capacity enter the field of civil law and gain practical relevance for their application in the field of law. Although it may seem similar to many, or we can establish a complete synonymy between them.