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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSA. Natural Persons2. Commencement and End of Civil Personality - Civil Code, arts. 40-42

Question

Natural Persons: Commencement and End of Civil Personality

Scenario 1:

Andrea, a 30-year-old woman, has always identified as female. However, she has recently undergone gender reassignment surgery to transition from male to female. She is now legally recognized as a female by virtue of a court order and a revised birth certificate reflecting her chosen gender. Despite these changes, Andrea's civil personality remains unaffected. Discuss the legal basis for Andrea's continued existence as a natural person, including the commencement and end of civil personality under Articles 40-42 of the Civil Code.

Scenario 2:

Manuel, a 77-year-old retiree, suddenly passed away due to natural causes. He left behind a will stating his wishes, assets, and beneficiaries. However, there are concerns about the validity of the will due to alleged improper execution and undue influence. In light of this, discuss the potential implications on Manuel's civil personality upon death, as well as any pertinent legal provisions under Articles 40-42 of the Civil Code.




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Bar Review Question: Natural Persons: Commencement and End of Civil Personality Scenario 1: Andrea, a 30-year-old woman