Legal Concepts and Principles: A Comprehensive Guide
Legal Existence of Persons
Legal Existence is regulated by Article 74 and following of the Civil Code. “The legal existence of a person begins at birth, that is, when completely separated from their mother. The child who dies in the womb, or who dies before being completely separated from its mother, or has not survived even a moment of separation shall be deemed not to have ever existed.” Therefore, the requirements for a child’s legal existence are:
- Complete separation from the mother. Most doctrines consider this to occur upon cutting the umbilical cord, while others consider expulsion of the placenta sufficient.
- Survival for even a moment after separation. This is important in inheritance law, and the “hydrostatic pulmonary docimasia” procedure can determine if a baby lived.
Direct and Indirect Responsibility
An individual is directly responsible when sanctioned for an act they performed. Indirect responsibility occurs when an individual is punished for the conduct of a third party. This was common in primitive law. In contemporary criminal law, only direct responsibility is allowed, while vicarious liability exists in civil law. For example, Civil Code Article 2320 states that every person is responsible not only for their own actions but also for those under their care, such as parents being responsible for their minor children. Section 2322 refers to the liability of owners for the conduct of their servants.
Distinction Between Public and Private Law According to Kelsen
Kelsen believes this distinction is ideological and lacks scientific basis. He argues that the difference between public (political) and private (non-political) law attempts to hide that contract law is no less political than public law produced by the legislature and administration. The characteristics of public and private law rules are the same. For example, an administrative order (public law) legally obliges a subject to behave as mandated. Similarly, a contract (private law) obliges contractors to behave as agreed. The difference lies in the method of production: heteronomous for public law and autonomous (self-production) for private law.
Definitions
Prescription
Article 2492 of the Civil Code defines prescription as “a way to acquire the affairs of others or to extinguish the shares or rights of others by possessing things or not exercising those rights for a certain period, and attending other legal requirements.” Prescription provides stability in relationships by preventing the revival of conflicts after a certain time.
Res Judicata
Res judicata is the effect of firm or enforceable judgments, meaning no further resources can be instituted against them.
Further Definitions
Capacity for Enjoyment
Capacity for enjoyment is the ability to have rights and obligations, an attribute of all people. While some lack the capacity to exercise these rights, all have the capacity for enjoyment. Article 1446 of the Civil Code states that “every person is legally able, except those declared incompetent by law.”
Contract
A contract is a convention creating rights and obligations for involved parties.
Address
Address is the legal seat of a person for exercising rights and fulfilling obligations. It is the residence coupled with the intention to remain there. It is divided into political and civil and guaranteed by Article 59 of the Civil Code.
Punishment
According to Professor Eduardo García Maynes, punishment is the legal consequence of breaching a duty emanating from a legal rule (law, sentence, or contract). It is necessary to distinguish between punishment (consequence of failure) and coercion (practical application of the sanction). Punishments can be classified as forced compliance, compensation, or penalty.
Penalty
A penalty, in criminal law, is the legal consequence for committing a crime. Cuello Calon defines it as suffering imposed by the State following a guilty verdict. Guilt, through fault or fraud, is necessary for a penalty.
Validity of Law According to Thomas Aquinas
In “Summa Theologica,” Aquinas discusses the validity of law within his doctrine of law partition: eternal law, natural law, positive human law, and divine law.
- Divine Law: Revealed by God in scriptures, clarifying natural and positive human law.
- Eternal Law: The foundation of all law, God’s reason governing the world. Partially manifested in human consciousness as natural law.
- Natural Law: The part of eternal law knowable through human reason.
- Positive Human Law: Created by man based on natural law principles. Defined as “the limitation of reason led to the common good, given and promulgated by who is in charge of the community.”
The basis of law’s validity is eternal law (God’s reason) and, more specifically, natural law. Human laws should be based on natural law and obeyed. Aquinas argues that human laws contrary to natural law are not authentic but a corruption of law and thus not binding.
Principle of Inexcusable
The principle of inexcusable states that courts cannot excuse themselves from exercising authority, even due to a lack of law, when resolving issues. This is established in Article 76, Article 10 of the Constitution, and the Organic Code of Courts.