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Chapter 2Law of Persons

There are 2 categories of persons2. Juristic persons1. Natural personsNatural persons- Natural persons refer to human being.

- An adult has full range or rights and duties.

- However, they are certain classes of persons that the law offers a more limited set of right and duties.

- The certain classes are minors, person of unsound mind and incompetent person.

- Therefore, the contract made by these persons are voidable.Juristic persons- Juristic Person comes into existence only by virtue of the law.

- Juristic person enjoys the same rights and duties as a natural person.

- In Thailand, juristic persons are formed either by contract or by laws.

- It is under the CCC (Civil and Commercial Code).1). Public bodies2). Monasteries3). Registered partnerships4). Limited companies5). Associations6). Authorized foundationThe following are juristic personUnder the CCC

Personality begins with the full completion of birth as a living child and ends with death.Meaning: - The personality occurs when a baby is born and still be alive. - The full completion of birth and living for fewminutes, he/she still got the personality. Commencement of personalitySection 15Divided into 2 cases.

1). Death

2). DisappearanceEnding of Personality

1). Death - means come to an end of life when he/she lost heartbeat.2). Disappearance it occurred when someone has left his domicile or residence for a certain period of time and do not know whether he/she is alive.

- It is divided into two cases as follows: > Disappearance in normal case > Disappearance in special caseWhen a person left his domicile or residence.

It has been uncertain for 5 years whether he is living or dead.

The court may adjudge that such person has disappeared.Disappearance in normal caseIt shall be reduced from 5 to 2 yearsVehicle lost / destroyed War / battle comes to an endAny other peril of his life

Note: The persons who has disappeared from theirDomiciles or residences, both in normal case and special case cannot be called a Disappeared person but called Absent person.Disappearance in special caseThe interested person or the Public Prosecutor as well as the disappeared persons themselves are entitled to ask for the revocation of disappearance, if they could prove the following situations:

1). The person who has disappeared is, in fact, living: or

2). The person who has disappeared has died at a time different from that specified in Section 62, five years or two years consecutively up to the case.

Revocation of Disappearance1). Family status

(1). Causes the parental power comes to an end. (2). Marital status - Ending the personality by disappearance is a cause of divorce.

2). Inheritance-By the death and disappearance will be inherited by the heirs according to the laws.The legal consequences for ending the personality

Capacity of personRestriction has been created for preventing someonewho is seemed to be taken advantage from inexperiencedor vulnerable person.

The law prescribed the following persons with the restriction.1). Minor2). Incompetent3). Person of unsound mind4). Quasi-incompetent

1). MinorMinor is a person who has not reached to the age of 20. However, they are 2 ways of person to arrive at his majority. 1). When he or she reaches the age of twenty.2). Upon the marriage, provided that the man and woman have completed their seventeenth years of age. In addition, they have to get the permission from their parents for their marriage.

For the doing of a juristic act, a minor must obtain the consent of his legal representative. All acts done by him without such consent are voidable.

This means that any acts of the minor will be legally enforced, if the minor has a permission from his legal representative who are his parents or guardian. On the other hand, without permission or any consent of his legal representative, the act is voidable.Capacity of minorSection 21 provides that..Legal effects of the contract entered into by minor- A minor cannot be a party to a contract. He must be represented by his legal representative. Without the consent of legal representative,the act is voidable.-However, they are exceptions that a minor can validly enter into legal transactions by himself without requiring the consent of the legal representative. For examples:Minor can accept donation.Minor can spend his allowance given by his parents to support himself at school.-The incompetent is a person of unsound mind who has been adjudged incompetent by the court.

-However, if the person of unsound mind has not beenAdjudged incompetent, he is just a person of unsound mind.

2). IncompetentAn act done by a person adjudged incompetent is voidable.

Capacity of incompetentSection 29 states thatThis means that any act done by the incompetent person isalways voidable even though he receives the consent of his parents for doing some act.Ceasing of incompetentSection 31 states that

If the cause of the incompetency ceased to exist, the Court shall, on the application of the person himself or of any of the persons mentioned in section 28, revoke the adjudication.This means if the cause of the incompetency ceased to exist, the court shall revoke the adjudication.- is the person who has mental illness and incapable of managing himself or his affairs.

3). Person of unsound mind

- For instances, they are insane person, idiot, and imbeciles.

Capacity of the person of unsound mindThe person of unsound mind can do anything by himself.

An act done by person of unsound mind can be enforced by law.

The act done by the unsound mind person will become voidable when > the act was done at a time when he as actually of unsound mind > other party had knowledge of such unsoundness.- is person who is incapable of managing his own affairs or whose management is likely to cause detriment to his own property or family because of 1. physical infirmity2. mental infirmity3.habitual prodigality4. habitual intoxication

4). Quasi-incompetent

Capacity of quasi incompetentA quasi incompetent must obtain the consent of his curator or it will be voidable.

Ceasing of quasi incompetent

Termination can be incurred in the situations as follow;1. When he dies, or2 When his indication become more serious that he has been adjudged by the court to be an incompetent person or3 When the quasi incompetent person in recovered.Questions1). What are the two cases that cause the ending of the personality?Answer: Death and Disappearance2). How many years for a people to be considered in disappearance in normal case?Answer: 5 years3). What is a minor person?

A: It is a person who has a height less than 1.4 mB: It is a person who has yellow body with one big eye.C: It is a person who has not reached the age of 20.

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