Human Person (Subject of Rights) As per Art. 1, a human being who possesses legal personality, meaning they are capable of holding rights and obligations. This legal capacity begins at birth and ends at death.
Legal Personality The state of being a “subject of rights,” meaning an entity recognized by law as capable of having rights and duties. For human persons, this is attributed from birth to death (Art. 1).
Child Merely Conceived (Nasciturus) An unborn child who has been conceived. Art. 2 allows such a child to be considered “born” for the purpose of their own interests, provided they are subsequently born alive and viable.
Born Alive A condition for a conceived child to acquire legal personality, meaning the child must show signs of life after emerging from the mother’s womb (Art. 2).
Viable A condition for a conceived child to acquire full legal personality. Art. 4(1) defines a child as viable if they live for forty-eight hours after birth, regardless of other proof. Conversely, Art. 4(2) states a child is deemed not viable if they die less than forty-eight hours after birth, though this presumption can be rebutted (Art. 4(3)).
Date of Conception (Legal Presumption) For civil law purposes, a child is legally presumed to have been conceived on the three hundredth day preceding their birth (Art. 3(1)). This presumption is irrebuttable in general civil law (Art. 3(2)), but exceptions exist for paternity cases (Art. 3(3)).
Presumption (Legal) A rule of law that dictates that a certain fact is assumed to be true unless proven otherwise (rebuttable presumption) or cannot be disproven (irrebuttable presumption). Art. 3(1) and Art. 4(1) establish irrebuttable presumptions, while Art. 4(2) establishes a rebuttable presumption.
Burden of Proof The obligation on a party in a dispute to provide evidence for their claims. Art. 5(1) states that whoever alleges a person is alive or dead must prove it.
Simultaneous Deaths (Commorientes) A legal presumption applied when several persons die, and it’s impossible to prove who survived whom. In such cases, all are deemed to have died at the same time (Art. 6). This is crucial for inheritance.
Proof of Identity The process of establishing who a person is. Art. 7 prioritizes official administrative documents, followed by the evidence of two witnesses.
Rights of Personality Fundamental rights and liberties inherent to every physical person, guaranteed by the Constitution (Art. 8). These include freedoms related to thought, residence, action, and bodily integrity.
Extra Commercium A legal term meaning “outside of commerce.” Art. 9(1) states that rights of personality and constitutional liberties cannot be bought, sold, or traded.
Unlawful Molestation to the Personality Any illegal interference or disturbance of a person’s inherent rights and liberties (Art. 10).
Legitimate Interest A valid, justifiable reason that can permit a voluntary limitation on personality rights or liberties (Art. 9(2), Art. 12(3), Art. 16(3)).
Inviolability of Domicile The principle that a person’s home is sacred and cannot be entered or searched against their will, except as provided by law (Art. 13).
Professional Secrecy The right of certain professionals not to be compelled to reveal confidential information obtained through their profession, to protect the trust placed in them (Art. 24).
Image of the Person (Image Rights) The right of an individual to control the reproduction and exhibition of their photograph or likeness (Art. 27), with specific exceptions for public interest (Art. 28).
Cessation (of Molestation/Exhibition) The right of an aggrieved person to demand that an unlawful act (like molestation of personality or unauthorized image exhibition) be stopped (Art. 10, Art. 29(1)).
Moral Prejudice/Damages Non-pecuniary harm or injury to a person’s feelings, reputation, or dignity, for which compensation may be awarded (Art. 29(3)).
Inviolability of Correspondence The principle that the contents of a confidential letter cannot be divulged by the addressee without the author’s consent, subject to exceptions for judicial proceedings (Art. 31).