INTRODUCTION TO CIVIL LAW AND
PERSONS
LAW OF PERSONS II
LAW OF PERSONS II
• Personal status and personality
• Protection of personality
LAW OF PERSONS II
• Personal status is the sum of all distinctive specifications of a person.
• It can be divided into three:
• Personal status (name, gender, age etc.)
• Family status (marital status, family relations etc.)
• Public status (nationality etc.)
LAW OF PERSONS II
• The name of a person is the first distictive specification of a person.
• It serves to understand the family he/she is a part of.
• The right on the name of a person is a personality right.
• Surname can be optained via birth, marriage, adoption or administrative decision.
• Name can be changed with a case on a court by prooving that there is a valid reason to do it.
LAW OF PERSONS II
• Another part of the personality is cognation.
• This is defined as the relation with other family members.
• There are three types of filiation:
• Natural cognation
• Filiation after marriage
• Filiation after adoption
LAW OF PERSONS II
• Domicile is also a part of the personal status.
• No one may have more than one domicile at a time.
• It shows the close relation between a place and a person.
• It plays a role especially in procedural law.
• The person should have a desire to live in that place, so that this place can be different thatn an ordinary place.
LAW OF PERSONS II
• The personality is protected against some actual or future violations.
• This protection finds its origins in Constitutional and Internatonal Conventions.
• Rights of personalities are absolute rights, everyone can violate these rights.
• They do not have any monetary values.
• They cannot be abandoned.
• These rights cannot be subject to inheritance.
• They do not have any temporary limitations.
LAW OF PERSONS II
• The scope of the personal rights comprises of the name, body, economic freedom, honor and dignity, picture and voice, personal secrets, private life.
• These values are protected in a general way in two articles: art. 23 and 24 of TCC.
• These protections are violations by a legal transaction and a tort.
• There are some reasons which makes violations legal.
• The cases can be about to end an actual violation, prevent the danger of a violation and detection of the violation. There can be also cases about the moral and monetary
compensation.
