A. The legal status of the natural person
Each person has a legal personality, i.e. is the holder of
rights and obligations.
Legal personality begins at birth, and as soon as it is in the interest of a
interest of a conceived child to have a legal personality. It ends
Each person thus has a civil status and a political status. The civil status
includes all the qualities of the person concerning private law (family situation, age, etc.)
(family situation, age, etc.), while political status includes all the qualities of the
qualities of the person concerning public law (nationality, etc.).
B. Identification of the natural person
1. The name and its accessories
The name is subject to regulations in France. The parents choose the child’s
the child’s family name: the father’s name, the mother’s name, or both names
The name can also be transmitted by marriage under customary law
The name is imprescriptible, inalienable and in principle immutable, even if it is possible to
it is possible to make a request to francize the name, or to change the name for a
a legitimate reason.
The law of 1993 provides that the name of a child is chosen by the parents,
as long as it is in the interest of the child, and does not harm him or her
2. The domicile
Domicile is the place where a person has his or her principal place of business
according to article 102 of the Civil Code. According to the Penal Code, domicile is the ”
the place where a person, whether he lives there or not, has the right to call himself home
The domicile is the place where the interests of an individual are located. It meets
– Domicile is compulsory: every person must have a domicile.
– The domicile is unique: each individual has only one domicile.
C. The capacity of the natural person
Every individual has rights and duties, and has the capacity to exercise them.
However, there are exceptions of two kinds, to protect a person or society
or society :
1. The incapacity of use
Incapacity of enjoyment prevents an individual from enjoying some of his or her
rights, in particular the acts of legal life.
2. Incapacity to exercise
Incapacity to exercise one’s rights retains them, but prevents the individual from exercising them
exercise them by himself.