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- it is enough that the person - requires intelligence and Liability of incapacitated persons
exists as it is an inherent and volition since these do not exist - A38, CC: incapacity does not exempt persons from certain
ineffaceable attribute in all men to the same extent obligations arising from his acts or from property relations, such
- the law denies capacity to act as easements
absolutely to some and limits it - A12, RPC: while an insane person or a child under 15 years of
with regard to others age is exempt from criminal liability, if there was fault or
negligence on their part a if none, then the civil liability shall
devolve upon the property of the insane or the minor
- lost only through death -may be lost through other
means or circumstances A. MINORITY
- cannot be limited or restricted - can be limited or restricted by Minority
certain circumstances - state of a person who is under the age of legal majority (18y/o)
Partnership
- a contract of partnership is defined by law as one where:
(1) two or more persons bind themselves to contribute money,
property, or industry to a common fund,
(2) with the intention of dividing profits among themselves
Sole proprietorship
- DOES NOT POSSESS a juridical personality separate and
distinct from the personality of the owner of the enterprise
- recognized by law only as a form of business organization
conducted for profit by a single individual and requires its
proprietor or owner to secure licenses and permits, register its
business name, and pay taxes to the national government
- thus, it is not empowered to file or defend an action in court