Law of Persons Flashcards (79 cards)

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1Question

What does objective law govern in society?

Answer

Compulsory rules governing relationships between people.

2Question

What are subjective rights recognized as?

Answer

Prerogatives to individuals or groups invoked against others with public-authority protection.

3Question

What does public law govern?

Answer

Relationships involving public persons and the organization of the State and public authorities.

4Question

What does private law govern?

Answer

Relationships between private persons, including individuals and legal entities.

5Question

What is civil law?

Answer

The common law applicable to all private persons except where special branches govern.

6Question

What is the law of persons concerned with?

Answer

Persons in the legal sense, including identification and protection of vulnerable persons.

7Question

What is legal personality in law?

Answer

The capacity to hold rights and be bound by obligations.

8Question

What differentiates a legal subject from a legal object?

Answer

A legal subject holds rights and obligations, a legal object is something over which rights may be exercised.

9Question

Which entities are considered legal objects rather than legal subjects?

Answer

Animals and things.

10Question

What is a natural person in legal terms?

Answer

A human being.

11Question

What defines a legal person in law?

Answer

A group of individuals recognized by law as having a personality distinct from its members.

12Question

Within how many days must a birth be declared at the town hall?

Answer

Within five days.

13Question

What does the civil-status officer include on a birth certificate?

Answer

The child's name, given name, sex, date of birth, and parents.

14Question

When is legal personality acquired by a child?

Answer

Only when the child is born alive and viable.

15Question

What does viability mean for acquiring legal personality?

Answer

The child breathes and has organs necessary for life.

16Question

What certificates does a child born alive but dying before registration receive?

Answer

A birth certificate and a death certificate.

17Question

What legal status does a child not born alive and viable have?

Answer

No legal personality is acquired.

18Question

What can parents request for a child born without life under Article 79-1?

Answer

An act of a child born without life, a given name, and a family record book.

19Question

What does the infans conceptus principle state about a merely conceived child?

Answer

It treats the child as already born if it benefits the child and the child is later born alive and viable.

20Question

What condition must be met for the infans conceptus principle to apply?

Answer

The child must have been conceived when the relevant event occurred.

21Question

When does legal personality end according to French law?

Answer

With biological death.

22Question

Since when has civil death ceased to exist in French law?

Answer

Since 1804.

23Question

What clinical signs allow establishing death with cardiac and respiratory arrest?

Answer

Total absence of consciousness and spontaneous motor activity, abolition of all brain-stem reflexes, and absence of spontaneous breathing.

24Question

Who draws up the death certificate in France?

Answer

The civil-status officer.

25Question

What legal consequences follow the recording of death on a birth certificate?

Answer

Opening the succession and ending the marriage.

26Question

What does Article 16-1-1 of the Civil Code require regarding human remains?

Answer

They must be treated with respect, dignity, and decency.

27Question

What distinguishes absence from disappearance legally?

Answer

Absence lacks life-threatening circumstances and an unrecovered body, unlike disappearance.

28Question

What can the guardianship judge do during presumption-of-absence?

Answer

Organize representation and management of the absent person's property without sufficient power of attorney.

29Question

When can absence be declared if a judgment exists?

Answer

After ten years from the judgment establishing presumed absence.

30Question

When can absence be declared without a judgment?

Answer

After twenty years from the last news.

31Question

What legal effects does the declaratory judgment of absence have?

Answer

It is equivalent to a death certificate, opens succession, ends property management measures, and allows remarriage.

32Question

Under what conditions can disappearance be judicially declared?

Answer

When a French person disappears in life-endangering circumstances and the body is not found.

33Question

What legal effect does the judgment declaring disappearance have?

Answer

It has the effects of a death certificate.

34Question

What is filiation in legal terms?

Answer

The legal relationship linking a child to one or more parents.

35Question

How is maternal filiation established in the birth certificate?

Answer

By identifying the mother in the child’s birth certificate.

36Question

How is paternal filiation established within marriage?

Answer

By the presumption of paternity within marriage.

37Question

What family name options do parents have when filiation is with both parents?

Answer

They may choose the father’s name, the mother’s name, or both in any order, up to two names.

38Question

What name does a child take without a joint declaration if both filiations are established simultaneously?

Answer

The father’s name.

39Question

What happens if parents disagree on the child's name without a joint declaration?

Answer

The child gets both names in alphabetical order.

40Question

What does a family-name change by decree require?

Answer

A legitimate interest.

41Question

Who decides a family-name change by decree?

Answer

The Minister of Justice.

42Question

What does the simplified family-name procedure allow a major to do?

Answer

Choose the untransmitted parent's name without proving a legitimate interest.

43Question

When was the simplified family-name procedure introduced?

Answer

By the law of 2 March 2022.

44Question

Who can request a family-name change under the simplified procedure?

Answer

Each major person.

45Question

How many times can a major request a family-name change under the simplified procedure?

Answer

Once during their lifetime.

46Question

Through whom is the simplified family-name change requested?

Answer

The civil-status officer.

47Question

Under what conditions can usurpation of a name be challenged in civil life?

Answer

When it creates an infringement under civil liability and privacy rules.

48Question

What distinguishes a family name from a usage name?

Answer

The family name is compulsory and transmissible; the usage name is optional and non-transmissible.

49Question

How can a spouse legally use the other spouse’s family name during marriage?

Answer

By substitution or addition of the other spouse’s family name.

50Question

What ends a spouse’s use of the other’s family name after divorce?

Answer

Divorce normally ends that use unless agreed by the other spouse or authorized by a judge.

51Question

What does the given name distinguish within a family?

Answer

A person.

52Question

When is the given name assigned to a person?

Answer

At birth in the birth certificate.

53Question

How can a person legally change their given name?

Answer

Through an amendment of the birth certificate within the legal framework.

54Question

Since when can either spouse use the other's name in marriage?

Answer

Since the law of 17 May 2013 opened marriage to same-sex couples.

55Question

Under which article can spouses use each other's names?

Answer

Article 225-1 of the Civil Code.

56Question

What happens to the right to use the other's name after divorce?

Answer

Each spouse normally loses the right to use the other spouse’s name.

57Question

Which article covers loss of name use after divorce?

Answer

Article 264 of the Civil Code.

58Question

When may a divorced spouse keep using the other's name?

Answer

With that spouse’s agreement or judicial authorization when a particular interest is established.

59Question

What must be established for judicial authorization to keep using the other's name?

Answer

A particular interest for the spouse or the children.

60Question

What does Article 311-24-2 allow every adult regarding their parent's name?

Answer

To use the name of the parent who did not transmit a name by addition, substitution, or inversion.

61Question

Who can implement the use of the other parent's name for a minor?

Answer

The parents exercising parental authority or the parent who exercises it alone.

62Question

What can a parent who did not transmit their name do when parental authority is joint?

Answer

Add their name to the minor’s name without prior agreement from the other parent.

63Question

What condition must be met when a parent adds their name to a minor's name under joint parental authority?

Answer

The other parent must be informed in due time.

64Question

What recourse does the other parent have if they disagree with the name addition under joint parental authority?

Answer

They may refer the disagreement to the family judge.

65Question

What does Article 515-14 of the Civil Code recognize about animals since 2015?

Answer

Animals are living beings endowed with sensitivity.

66Question

Are animals legally considered persons according to Article 515-14?

Answer

No, they remain legally distinct from persons.

67Question

What pregnancy duration does the WHO use as a viability criterion?

Answer

22 weeks of pregnancy.

68Question

Is the WHO viability threshold fixed by French law?

Answer

No, it is not fixed by French law.

69Question

Since when can a family name be given to a child born without life without established filiation?

Answer

Since 6 December 2021.

70Question

What are the authorized burial methods in France?

Answer

Burial and cremation.

71Question

What is the usual time frame for burial or cremation after death in France?

Answer

Between 24 hours and 14 days, excluding Sundays and public holidays.

72Question

What name does a child take when filiation is established with only one parent?

Answer

The name of that parent.

73Question

What name does a child receive when no filiation is established?

Answer

Three given names, with the third as the family name.

74Question

What are examples of legitimate interest for a family-name change?

Answer

A ridiculous name, an affective reason, or avoiding extinction of an ancestor's or collateral relative's name up to the fourth degree.

75Question

When can use of a name in commercial activity be legally challenged?

Answer

When it causes confusion and harms reputation or an existing commercial name.

76Question

Who may use the parent's name not originally transmitted to a major person?

Answer

A major person may use the parent's name by addition, substitution, or inversion.

77Question

Who can implement name use changes for a minor and under what condition?

Answer

A parent exercising parental authority can implement it, subject to judicial review if disputed.

78Question

When was Article 311-24-2 created and family name rules modified?

Answer

On 2 March 2022.

79Question

In which year and under whom was slavery abolished?

Answer

In 1848 under Bonaparte.

Test yourself with the quiz

Answer 51 questions on Law of Persons.

1. Which statement correctly distinguishes objective law from subjective rights?

2. Which legal classification governs a dispute between a municipality and a private company over a public-service contract?

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