LOCUS STANDI IN JUDICIO
This term refers to the legal capacity that one has to execute a legal act such as to sue or be sued as well as defend an action where the need arises amongst others. There are group of people that may not have the requisite capacity but this does not mean that they cannot be represented. Usually where one is above the age of 18 they have locus standi in judicio however this is not always the case and the exception are listed below. The classes of individuals listed below do NOT have legal capacity:
- Minors – a minor is a boy or girl child that is below the age of 18 and for purposes of legal proceedings they do not have capacity to contract amongst other factors. The guardian of the minor acts on behalf of the minor and does that which is in the best interests of the minor child to protect their interests and or uphold them. The mother and father of the child are considered the minor’s natural guardian/s. In some instances, a third party can be appointed as guardian of the minor child despite the minor’s parent/s being alive. Where the minor does not have a guardian an application can be made to the courts for the appointment of a curator ad litem who will act for the child.
- Insolvents – this is where the individual’s assets are not enough to satisfy their liabilities, the person has more liabilities than assets and as such usually, a curator is appointed to act on their behalf, for the purposes of managing their financial affairs.
- Mentally ill individuals (insane) – where one suffers from mental illness they are not in the proper state of mind to understand the nature of and legal implications of a legal act. They do not have an appreciation for the duties and obligations they are committing to and because of such there cannot be a consensus between the parties rendering any contracts entered into with insane individuals void.
- Prodigal –. This is an individual who has had their capacity to manage their affairs determined by the court as a result of their propensity to waste money. Parties close to such an individual can move to have a curator appointed and from the time the application is granted the curator acts on behalf of the prodigal, if the prodigal engages in any contracts and the curator does not ratify such then the contract is rendered void.
- Intoxicated persons – where an individual enters into an agreement while they are under the influence of drugs or alcohol that contract is held to be void as the individual is said to lack the requisite capacity to appreciate the nature of the agreement.
This is for general information purposes only
