UNIT-TWO
LAW OF PERSONS
By: Zerihun Yitayew(LLB, LLM
0925272623
Chapter Objectives
• By completing the chapter, students are expected
to
To know the meaning of the term person;
To appreciate the effect of personality and
kinds of persons;
To understand the ways by which personality
can be acquired;
To recognize the attributes of personality;
To know capacity, incapacity and their type
and grounds to end incapacity; and
To understand the end of personality.
2.1. Meaning of person
The word "person" has a different meaning in law
than the ordinary connotation of the word
"human being".
In law, person is any entity, whether being or
thing, having a right and assuming obligation.
Person is an entity which can be sue or be sued
on its own name.
Thus, the normal effect of personality is the
ability to be a party to legal transactions and
perform various juridical acts (acts having effect
at law).
Personality is granted to two categories of beings.
1. physical person and
2. Artificial person
1. Physical Person:- natural personality that is
possessed by human beings.
It is a personality given to persons alike you and
me.
2. Artificial Person: is personality given to the
entities which don’t have material existence.
Are called legal persons or juristic persons.
Examples are: states, association, an
organization, a company, etc.
2.2. Acquisition of Personality
2.2.1. Acquisition of Artificial Personality
Legal personality is an artificial or fictitious creation
of law.
Artificial persons acquire legal personality in different
mechanisms such as issuance of a particular
legislation, registration and conditions of publicity.
Business organizations = registration by trade
office of gov't + publicity
Associations = registration by justice office of
gov't
Governmental bodies = issuance of
establishment law.
2.2.2. Acquisition of Physical Personality
Physical personality can be acquired by two ways.
These are:
1. Birth – Principle - Art. 1 of the Civil code
2. Conception – Exception – Art. 2-4 of CC
I. Birth:- Personality of human beings begins at birth.
Article 1 CC – “The human person is the subject of
rights from its birth to its death.
Birth means a complete extrusion of the child from
its mother's womb.
Besides, since rights and duties are the two faces of
the same coin, the duties of a human person also
begin at birth.
II. The Exception :- Exceptionally, however, a child
merely conceived may also be considered born and
get physical personality (Art.2 of the CC).
The circumstance generally revolves around the
interest of the unborn child.
The law is devised to enable the child (if it is born)
to take a benefit in all matters affecting its interest.
Two requirements must be fulfilled:
1. The conceived child interest shall demand this
recognition
2. The conceived child must born alive and be
viable.
2.3. Attributes of personality
Under the law, persons possess certain capacities.
These capacities are called attributes of personality.
A. Having a name: Names affect the legal position of
a person. They are mechanisms of identifying the
civil identity of a specific person in the society and
of the legal status. For example name is essential
to locate the residence of person, serving
summon, to get all services of state.
B. A person may sue or be sued in its own name.
C. A person may own and administer a property.
D. A person can enter in to a contract.
2.4. Capacity of Physical Person
Capacity is the rule (Art. 192).
Every physical person is capable of performing all
the acts of civil life unless he is declared
incapable by law.
So, the law presumes that every physical person is
capable of exercising a right.
Capacity is the ability to make or exercise a
juridical act.
Juridical acts are acts which are legally binding
and enforceable by law.
2.4.1. Incapacity of Physical Persons
Some persons have limited or restricted capacity, i.e.,
incapable of exercising rights. The law calls these persons
incapable persons.
Incapacity of physical person is an exception to the rule.
Sometimes, the law may explicitly declare that certain
categories of persons are considered incapable to exercise
rights and duties.
In the Ethiopian civil code there are two types of incapacity.
A. General incapacity which is based on the age or
mental condition of persons or on sentence passed
upon them; and
B. Special incapacity which is based on nationality or
special function by law.
[Link]. General Incapacity
There are three incapable persons under the
Ethiopian civil code.
These are
1. Minors:- <18 years of age (Art. 215 RFC)
2. Judicially interdicted persons:- due to their
mental problem. These are insanity, infirmity,
senility.
3. Legally interdicted persons:- emanates from
the law due to the commission of a certain
crime.
Type of Incapacity Grounds of Assistance or council Termination/ End
Incapacity representing them
General Minority Being under 1. Guardian (represent 1. Attainment of a
Incapacity age < 18 personal matters) majority and 2.
years of age and Emancipation at
2. Tutor (represents 14/16 years of
economic matters) age- employment
or marriage .
Judicial Mental 1. Guardian (represent Healing from the
interdiction problem personal matters) problem suffered
(insane, infirm and
and senile 2. Tutor (represents
persons) economic matters
Legal Commission no guardian only tutor Pardon/amnsity or
interdiction of crime serving a sentence
Special Nationality Law and No Outside the scope
Incapacity policy of the course
2.5. End of Personality
2.5.1. End of physical personality
A. Death (Art. 1):- personality of individuals ends through
death.
B. Absence (Art. 154-173 CC): If a certain person is
disappeared for five years and no news of him has
heard for two years any interested party may apply to
the court for the declaration of absence.
If once the court declares that the person is absent
the absentee is considered dead.
2.5.2. End of Legal Personality
Artificial persons cease to exist when there is
cancellation of registration for business
organization/associations and issuance of dissolving law
for governmental bodies.