Sec. CHAPTER 1-GENERAL PROVISIONS 1. Construction of title. § 1. Construction of title The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this title. This title establishes the law of the Canal Zone respecting the subjects to which it relates. Sec. CHAPTER 3-PERSONS 31. Minors; married persons over 18; effect of annulment. 32. Periods of minority. 33. Adults. 34. Unborn child as existing person; limitation of actions for injuries. 35. Delegation of powers by minors; incapacities. 36. Contracts by minors. 37. Disaffirmance by minors; rights of innocent purchaser. 38. Contracts and obligations of minors which may not be disaffirmed. 39. Contracts by persons without understanding. 40. Contracts by persons of unsound mind. 41. Powers of persons whose incapacity is adjudged. 42. Liability of minors and mentally unsound persons for wrongs. 43. Enforcement of minors' rights. § 31. Minors; married persons over 18; effect of annulment (a) Except as otherwise provided by this section, and subject to the provisions of Title 8 relating to marriage, minors are all persons under 21 years of age. (b) A person who has reached the age of 18 years and thereafter contracts a lawful marriage, or who has contracted a lawful marriage and thereafter reaches the age of 18 years, is, in the first instance upon contracting the marriage, and in the second instance upon reaching the age of 18 years, of the age of majority and an adult person for purpose of: the (1) entering into an engagement or transaction respecting property or his estate; (2) entering into a contract; or (3) maintaining or defending an action affecting his marital status, including an action or proceeding involving his support or the support or custody of children of the marriage, or determination of property rights the same as if he were 21 years of age. (c) Subsequent annulment of a marriage referred to by subsection (b) of this section does not deprive the person of his adult status once attained under the provisions of that subsection, unless the judgment of annulment is obtained in an action commenced prior to his reaching the age of 18 years. In the latter case, he has remained a minor at all times notwithstanding the marriage. (d) This section does not limit section 343 of Title 8. § 32. Periods of minority The periods specified by section 31 of this title are calculated from the first minute of the day on which persons are born to the same minute of the corresponding day completing the period of minority. § 33. Adults All persons who are not minors, as provided by this chapter, are adults. § 34. Unborn child as existing person; limitation of actions for injuries A child conceived, but not yet born, is to be deemed an existing person, as far as may be necessary for its interests in the event of its subsequent birth. An action by or on behalf of a minor for personal injuries sustained prior to or in the course of his birth is barred unless brought within six years from the date of the birth of the minor; and the time the minor is under a disability provided by section 73 of Title 5 may not be excluded in computing the time limited for the commencement of the action. § 35. Delegation of powers by minors; incapacities A minor can not give a delegation of power, nor, under the age of 18, make a contract relating to real property, or an interest therein, or relating to personal property not in his immediate possession or control. § 36. Contracts by minors Except as provided by section 35 of this title, a minor may make contracts in the same manner as an adult, subject only to: (1) a minor's power of disaffirmance under the provisions of this chapter; and (2) the provisions of Title 8 relating to marriage. § 37. Disaffirmance by minors; rights of innocent purchaser (a) Except as provided by section 38 of this title, the contract of a minor, if made while he is under the age of 18 years, may be disaffirmed: (1) by the minor himself, either before his majority or within. a reasonable time afterwards: or (2) in case of his death within the period referred to in paragraph (1) of this subsection, by his heirs or personal representatives. If the contract is made by the minor while he is over the age of 18 years, he may disaffirm it in like manner upon restoring the consideration, or paying its equivalent, to the party from whom it was received. (b) If, before the contract of a minor is disaffirmed, the goods which he has sold are transferred to another purchaser who bought them in good faith for value and without notice of the transferor's defect of title, the minor may not recover the goods from an innocent purchaser. § 38. Contracts and obligations of minors which may not be disaffirmed (a) A minor may not disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them, if these things have been actually furnished to him or his family. (b) A minor may not disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute. 8 39. Contracts by persons without understanding A person entirely without understanding may not make a contract, but he is liable for the reasonable value of things furnished to him necessary for his support or that of his family. § 40. Contracts by persons of unsound mind A contract of a person of unsound mind, but not entirely without understanding, made before his incapacity is judicially determined, is subject to rescission, as provided by sections 1291-1294 of this title. § 41. Powers of persons whose incapacity is adjudged After his incapacity is judicially determined, a person of unsound mind may not make a contract, nor delegate any power or waive any right, until his restoration to capacity by the court. § 42. Liability of minors and mentally unsound persons for wrongs A minor, or a person of unsound mind of whatever degree, is civilly liable for a wrong done by him, but is not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful. § 43. Enforcement of minors' rights A minor may enforce his rights by civil action or other legal proceedings in the same manner as a person of full age, except that a guardian must conduct the action or proceedings. Sec. CHAPTER 5-PERSONAL RIGHTS 71. General personal rights. 72. Defamation. 73. Libel. 74. Slander. 75. Privileged publications; inference of malice. 76. Abduction and seduction. 77. Wrongs not actionable. 78. Right to use force. § 71. General personal rights In addition to the personal rights recognized by section 31 of Title 1, and by Part 2 of Title 6, and subject to the qualifications and restrictions provided by law, every person has the right of protection from: (1) bodily restraint or harm; (2) personal insult; (3) defamation; and (4) injury to his personal relations. § 72. Defamation Defamation is effected by libel or slander. § 73. Libel Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which: (1) exposes a person to hatred, contempt, ridicule, or obloquy; or (2) causes him to be shunned or avoided; or (3) has a tendency to injure him in his occupation. § 74. Slander Slander is a false and unprivileged publication other than libel, which: (1) charges a person with crime, or with having been indicted, convicted, or punished for crime; or (2) imputes to him the present existence of an infectious, contagious, or loathsome disease; or (3) tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits; or (4) imputes to him impotence or a want of chastity; or § 75. Privileged publications; inference of malice (a) A privileged publication is one made: (1) in the proper discharge of an official duty; (2) except as provided by subsection (b) of this section, in a judicial proceeding or other official proceeding authorized by law; (3) in a communication, without malice, to a person interested therein, by one who: (A) is also interested; or (B) stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent; or (C) is requested by the person interested to give the information; (4) by a fair and true report, without malice, in a public journal, of: (A) a judicial or other public official proceeding; or (B) anything said in the course thereof; or (C) a verified charge or complaint made by a person to a public official, upon which a warrant has been issued; (5) by a fair and true report of the proceedings of a public meeting, without malice, if: (A) the meeting was lawfully convened for a lawful pur pose: or (B) the publication of the matter complained of was for the public benefit. (b) An allegation or averment contained in a pleading or affidavit filed in an action for divorce or an action prosecuted pursuant to section 234 of Title 8, made about a person by or against whom no affirmative relief is not prayed in the action, is not a privileged publication as to the person making the allegation or averment within the meaning of this section, unless: (1) the pleading is verified or the affidavit is sworn to, and is made without malice by a person having reasonable and probable cause for believing the truth of the allegation or averment; and (2) the allegation or averment is material and relevant to the issues in the action. (c) In the cases provided for by clauses (3), (4) and (5) of subsection (a) of this section, malice is not inferred from the communication or publication. 8 76. Abduction and seduction The rights of personal relations forbid the: (1) abduction or enticement of a child from a parent, or from a guardian entitled to its custody; or (2) seduction of a person below 21 years of age, or of a person who, through unsoundness of mind, temporary or permanent, is incapable of giving legal consent. 877. Wrongs not actionable A cause of action does not arise for: (1) alienation of affections; (2) criminal conversation; (3) the seduction of a person over 21 years of age, unless she was incapable of giving legal consent through unsoundness of mind, temporary or permanent: (4) breach of promise of marriage; or (5) a fraudulent promise to marry or to cohabit after marriage. § 78. Right to use force Necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest. Sec. CHAPTER 7-NATURE OF PROPERTY 111. Ownership; property defined. 112. Things subject to ownership. 113. Wild animals. 114. Classification of property as real or personal. 115. Real property defined. 116. Land defined. 117. 118. Fixtures defined. Personal property defined. § 111. Ownership; property defined The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this title, the thing of which there may be ownership is called property. § 112. Things subject to ownership There may be ownership of: (1) inanimate things which are capable of appropriation or of manual delivery; (2) domestic animals; (3) obligations; (4) products of labor or skill such as the composition of an author, the goodwill of a business, trademarks and signs; and (5) rights created or granted by statute. § 113. Wild animals Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued. § 114. Classification of property as real or personal Property is either: (1) real or immovable; or (2) personal or movable. § 115. Real property defined Real or immovable property consists of: § 116. (1) land; (2) that which is affixed to land; (3) that which is incidental or appurtenant to land; and Land defined Land is the solid material of the earth, whatever may be its ingredients. § 117. Fixtures defined Sec. A thing is affixed to the land when it is: (1) attached to it by roots, as in the case of trees, vines or shrubs; (2) imbedded in it, as in the case of walls; (3) permanently resting upon it, as in the case of buildings; or (4) permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. 118. Personal property defined Every kind of property that is not real is personal. CHAPTER 9-OWNERS OF PROPERTY 151. Ownership. 152. Persons who may own property. |