Código Civil
Código Civil

Libro Primero · Título I Capítulo I. De las personas individuales

Arts. 1–1414 articlesTexto al 8 ago 2025

Article 1 Personality

Civil personality begins with birth and ends with death; however, the one who is yet to be born is considered born for all that favors him, provided that he is born in conditions of viability.

Article 2 Double Births

If two or more are born from the same birth, they shall be considered equal in civil rights that depend on age.

Article 3 Simultaneous Death

If two or more persons have died in such a manner that it cannot be proved which of them died first, it is presumed that they all died at the same time, and no transmission of rights between them may be alleged.

Article 4Amended Identification of the person

Identification of the Person. The natural person is identified by the name with which their birth is registered in the Civil Register, which is composed of the given name and the surname of their married parents or of their unmarried parents who have recognized them. Children of a single mother shall be registered with her surnames.

Children of unknown parents shall be registered with the name given to them by the person or institution that registers them.

In the case of minors already registered in the Civil Register with only one surname, the mother, or whoever exercises parental authority, may go again to said Register to expand the corresponding registration to register both surnames.

(Reformado por el Artículo 1 del Decreto 38-95 del Congreso de la República).

Article 5Amended

Whoever constantly and publicly uses a given name or surname different from that recorded in his birth certificate, or uses his name incompletely, or omits any of the surnames corresponding to him, may establish his identification by means of a sworn statement made in a public deed, by the same person if he is of legal age or by his parents who exercise parental authority. It may also be done by anyone having an interest in the identification, in accordance with the procedure established by the Code of Civil and Commercial Procedure.

The presence or absence of an accent mark in a name does not make it different; and therefore, it does not imply the need to establish identification, grant a change of name, or carry out any process, correction or modification whatsoever.

(Reformado por el Artículo 1 del Decreto-Ley 72-84, y Artículo 1 del Decreto 8-2018 del Congreso de la República).

Article 6 Change of Name

Persons may not change their names except with judicial authorization. A person prejudiced by a change of name may oppose the applicant's claim in the manner provided by the Code of Civil and Mercantile Procedure.

Article 7

In the cases referred to in the preceding articles, the alteration shall be annotated in the margin of the birth entry. Identification and change of name do not modify the civil status of the person who obtains it nor constitute any evidence of parentage.

Article 8 Capacity

The capacity for the exercise of civil rights is acquired upon reaching the age of majority.

Persons who have attained eighteen years of age are of legal age.

Minors who have attained fourteen years of age are capable for certain acts determined by law.

Article 9 Incapacity

Adults who suffer from mental illness that deprives them of discernment must be declared in a state of interdiction. Persons who, through abuse of alcoholic beverages or narcotics, expose themselves or expose their families to serious economic losses may likewise be declared in a state of interdiction.

The declaration of interdiction produces, from the date on which it is established in a final judgment, absolute incapacity of the person for the exercise of their rights; but acts prior to such declaration may be annulled if it is proved that the incapacity notoriously existed at the time they were performed.

Article 10

Transient mental disturbances do not determine incapacity to act, but declarations of will made in such situations are void.

Article 11

After the death of an individual, acts performed by himself may not be challenged on the ground of incapacity except when interdiction has been requested before his death, or when the evidence of the incapacity results from the same act that is challenged.

Article 12

Interdiction may be requested indistinctly by the Public Prosecutor's Office, the relatives of the incapacitated person, or persons who have any action to bring against him; and it terminates when the cause that gave rise to it ceases and the judicial authority so declares at the instance of those entitled to request it or of the person himself declared incapacitated.

Article 13Amended

Those who suffer from congenital blindness or blindness acquired in childhood, and deaf-mutes have civil incapacity to exercise their rights, but those who can express their will in an indubitable manner are capable.

(Reformado por el Artículo 1 del Decreto-Ley 218)

Article 14

Incapacitated persons may exercise their rights and incur obligations through their legal representatives.

Source: CENADOJ, Organismo Judicial. Texto al 8 de agosto de 2025. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.