Legal Personality and Representation in Civil Law: Articles 29-31
Legal Representation and Agency
Representation Without Power (Art. 1259)
Article 1259 establishes that one may act in the name of another without proper authorization or legal representation. A contract concluded on behalf of another person who lacks authorization or legal representation shall be void, unless the represented person ratifies it.
Self-Contracting by the Representative
Initially, this situation allowed a person with the capacity to manage two separate estates (or interests) to issue declarations of intent linking them. However, modern jurisprudence holds that self-contracting is permissible provided that the interests of the represented party are guaranteed and protected.
Indirect Representation and Its Effects
Some legal scholars have questioned the existence of indirect representation. This occurs when the agent acts in their own name but on behalf of the principal (others). The central problem is determining who bears the effects of the contract.
- The contract initially produces effects for the representative, but these effects are subsequently transferred to the principal through a separate legal act.
- According to Albaladejo, the rights derived from the contract enter directly into the legal sphere of the represented party, while the obligations remain with the agent.
Legal Representation: Protecting Incapacity
Legal representation is a situation provided by law to remedy a defect in the capacity to act of a person. Although various forms exist, it is generally established in the interest of the represented party. The most common example is the representation of a minor by their parents. If the parents are in conflict with the minor’s interests, a special representative will be appointed to defend the minor’s interests and act on behalf of the incapable person’s will. Parents cannot renounce custody of their children.
Subject of Legal Relations: Natural and Legal Persons
We must differentiate between the natural person (individual) and the legal person (corporate entity).
- The Natural Person (Individual): A prius of law (existing prior to legal recognition). They are subject to and the source of legal rules, possessing attributes such as name, age, and nationality.
- The Legal Person (Corporate Entity): A creation of law (a posterius). These are human organizations configured to meet needs that individuals cannot fulfill alone (e.g., associations, foundations).
If an entity is neither a natural person nor a legal person, it is not a subject of law; rather, it is considered an object.
Commencement of Individual Personality and Proof
To determine the onset of personality, our Civil Code (CC) follows three criteria: conception, birth, and viability.
- ***Article 29:*** The birth determines personality.
- ***Article 30:*** For civil purposes, only a fetus that had a human shape and lived twenty-four hours entirely removed from the mother shall be considered born.
Requirements for Civil Purposes (Art. 30)
According to Article 30, the baby must meet two requirements:
- Human Figure: This requirement originates from Roman law. Today, this is understood to mean having all vital organs.
- Viability (24 Hours): The second requirement is living for 24 hours removed from the mother. This period is understood to begin not when the baby exits the womb, but when the umbilical cord is cut.
A controversy arises regarding cases where the mother dies and the baby must be kept alive artificially for 24 hours solely for inheritance purposes (potentially evading the spirit of the law). Constitutionally, this requirement conflicts with the Convention on the Rights of the Child. Some argue that Article 30 is repealed because the child possesses dignity, physical integrity, and moral integrity from the moment of birth.
Multiple Births (Art. 31)
Under Article 31, the firstborn is considered the elder. The legal rights granted to the firstborn are generally only relevant concerning the Crown and titles, or in specific cases where individuals stipulate it (e.g., a legacy leaving a house to the eldest son).
Proof of Birth
Proof of birth is established by registration in the Civil Registry. The Registry records the name, date, time, place of birth, sex, and filiation (parentage).
A change was made in 1990 regarding the place of registration: if the birth occurs in a location that is not the usual residence (e.g., a rental property), registration can be made in the place corresponding to the parents’ domicile. According to a ministerial order, the mother cannot conceal her identity when registering her child.