S.A 2020/21 B.E CIVIL LAW | Question #2

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #2



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A corporation that owns a hospital was sued along with a physician for medical malpractice. The corporation moved to dismiss the case, arguing that it was only the physician, as the natural person, who could be the subject of any kind of suit. In other words, the corporation argued that it was not a legal person. 


Is the position of the corporation owning the hospital legally tenable? Explain briefly. 


SUGGESTED ANSWER: 


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SUGGESTED ANSWER:

No, the position of the corporation is not tenable. A person may be natural or juridical. A corporation is a juridical person vested with the personality as soon as it is duly constituted in accordance with law (Civil Code, Art. 44). As such, it may acquire property and incur obligations and may sue and be sued in its corporate name (Civil Code, Art. 46).


Code: S.A 2020/21 B.E CIVIL LAW | Question #2

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