Understanding Natural Personality in Nepal: Rights and Legal Provisions

Introduction

A natural person refers to a human being who has legal capacity from birth to possess rights and duties under the law. The personality of a natural person begins with live birth and ends with death. As legal subjects, natural persons can own property, enter into contracts, sue and be sued, and enjoy fundamental rights. This legal recognition allows individuals to actively participate in civil, social, and economic life. The concept of natural personality is the foundation of all legal systems, as it ensures every human being is acknowledged as a bearer of rights, responsibilities, and legal identity.

The Part 2 of the National Civil Code 2074/2017 has contemplated the natural person.

1) To be recognized as a Person

Every person shall, immediately after birth, be recognized as a person and be entitled to exercise rights under law until he or she survives.

2) Right to Name

Every person shall, immediately after birth, have the right to name and be entitled to use the given name respectfully. Every person shall have the right to defend his or her name, reputation, and prestige and such right shall not be transferable to others. Similarly, no person may abuse another's name.

3) To Attain Competency

Every person who attains eighteen years of age shall be considered to become a major, and shall, in the same capacity, be considered to be legally competent. A person who is competent under the subject to law, exercises, bears and discharges any right, obligation and duty whatsoever.

4) To be Considered Incompetent

A person who has not attained ten years of age, or despite attaining that age, is unable to protect his or her right and interest for the reason of unsoundness of mind shall be considered competent to be legally incompetent.

Explanation: For this Act, the term "unsoundness of mind" means the condition of being incapable, due to physical and mental ill health, of act done by oneself in general understanding and consequences.

An incompetent person does not have to bear any type of legal obligation, and while exercising a right, it has to be exercised, or cause to be exercised, only with the consent of the guardian or curator or through the guardian or curator. In executing a document on behalf of an incompetent person, it shall be executed, or caused to be executed, through his or her guardian or curator.

5) To be Considered Quasi-competent

A person who has attained ten years of age but not completed eighteen years of age shall be considered a quasi-competent person. A quasi-competent person may. subject to law, exercise, bear and discharge any right, obligation, and duty whatsoever. A quasi-competent person shall, in exercising a right, obtain the consent of the guardian or curator or exercise the right through the guardian or curator. In executing a document by a quasi-competent person, it shall be executed in the presence of his or her guardian or curator.

6) To be According to the Court Decision

If a dispute arises about a person's competency, incompetency or quasi-competency, it shall be settled according to the decision of the court.

7) Physical Examination or Change of Organ may be Made

Any person may, subject to law, get his or her body examined, treated, or changed or collected any organ or part or a sample of his or her body. If a person is so incapable that he or she cannot express his or her consent, his or her guardian or curator may, for the interest of such person, carry out, or cause to be carried out.

8) Power to Specify Method of one's Cremation, Obsequies Rites or Funeral Acts

Any person may, while he or she is alive, specify the manner of cremation. obsequies, rites, or funereal acts to be carried out after his or her death. If a person has specified the manner of cremation, obsequies rites, or funereal acts, then his or her successor shall carry out his or her cremation, obsequies rites, or funereal acts accordingly.

If a person has not specified the manner of his or her cremation, obsequies rites or funereal acts, his or her successor shall conduct such person's cremation, obsequies rites or funereal acts according to the prevailing custom and tradition.

9) Power to Donate Corpse or Organ

Any person may express in writing his or her will to donate, after his or her death, his or her corpse or any organ of the body or any part thereof to a person to use, or cause to be used, such corpse or organ for a particular work. If a person has expressed his or her will, his or her successor shall use the deceased's corpse, part of the body, or a portion thereof according to the will of the deceased. If the person accepting such corpse, organ, or any part thereof is not available or if it is not possible to detach such corpse, organ, or any part thereof, cremation, obsequies rites, or funereal acts of such corpse shall be conducted.

10) To be Considered the Address of Residence

If a person's address of residence needs to be determined, the address given by him or her for that purpose, where he or she has so given, and if not so given, the place of his or her permanent residence within Nepal shall be considered to be the address of his or her residence.

If a person does not have a residence or his or her residence is not traced out, the place of his or her abode for the time being shall be considered to be the address of his or her residence. If a person does not have a residence or his or her residence is not traced out and the person has carried on any trade, business, employment or transaction, the place where he or she has so carried on trade, business, employment or transaction shall be considered to be the address of his or her residence.

Where the address of a person's residence is changed, the place where he or she is residing for the time being shall be considered to be the address of his or her residence.

If the residence of an incompetent or quasi-competent person needs to be determined, the place of his or her permanent residence, and if such place is not traced out, the place where his or her guardian or curator resides shall be considered to be the address of his or her residence.

If a person considers any address as the place of his or her residence for a particular purpose, such place shall be considered to be the address of his or her residence.

11) Presumed to be Dead

If a person disappears without any notice for a period of consecutive twelve years or if a person for whom it is natural to have information about such disappeared person has not received any information about him or her for the last twelve years, such person shall, except in cases where an evidence establishing that he or she is alive is received, be deemed to be dead.

Provided that in the following circumstances, such person shall be deemed to have died after the completion of the following period:

1. In the case of a person having attained eighty years of age, five years,
2. In the case of a soldier deputed to the war-field, four years after the cessation of the war;
3. In the case of a person traveling by an aircraft, ship, or other vehicle that met with an accident, three years after the date of such accident.

A person dies in an accident and there is no evidence of another person meeting win the same accident to remain alive, such a person also shall be deemed to have died at the same time. Where more than one person is dead at the same time in an accident, each person so died is deemed, except as otherwise proved, to have died at the same time.

Provided that where, for a particular purpose, a question that which of the persons died first in such accident requires to be settled, the person who was older by age at the time of death shall, unless otherwise proved, be deemed to have died first.

If the concerned person files a petition stating that any person has disappeared without a notice or died due to a natural calamity or accident and requests for a judicial declaration on such person's death, disclosing therewith the date, place, cause of death and basis thereof, the court may, after examining the evidence, make an order of judicial declaration on the death of such person.

If a person already declared dead comes back alive and files a petition in person to get the judicial declaration made earlier to be annulled or if his or her successor files a petition for amendment to the previous judicial declaration on death for the reason that the date of death of such deceased happened to be different than the date referred to in the judicial declaration, the court shall having examined into this matter, annul or amend the judicial declaration.

Provided that-

1. Where a living wife has concluded another marriage after such declaration, the matrimonial relationship with the person declared to be dead cannot be re-established.
2. There shall be no adverse effect on the legal right of the person declared to be dead.
3. The act that has already been carried out under the previous judicial declaration shall not be prejudiced by the establishment of a new date of death.
4. The right, interest, or concern of the person provided by law shall not be affected by any act done or action taken.

Conclusion

In conclusion, the concept of natural personality is central to human legal identity, beginning at birth and ending at death. The National Civil Code 2074 clearly defines the rights, capacities, and responsibilities of natural persons, including provisions on name, residence, competency, and even posthumous matters like organ donation and presumed death. These legal frameworks ensure recognition, protection, and dignity of individuals throughout their lifetime. By categorizing persons as competent, quasi-competent, or incompetent, the law ensures fair and appropriate application of rights and duties. Overall, the Code safeguards the human aspect of law through structured legal recognition.