Un breve comentario a propósito de la adquisición de personalidad por las personas físicas

Abstract

This study tries to put under critical revision some problematic questions related to the legal-constitutionalist reach of he personality of the physical people; and more concretely, if from a constitutional perspective it is necessary to attribute personality to new born just from the birth. That is to say, if the one born alive can legally be considered person from the precise moment of its birth or if it is permissible, strictly legal-constitutionalist speaking, to attribute the personality after the overcoming of certain conditioners. In this sense, the Constitution does not explicit the definition of person, although its concretion appears regulated by the civil legislation. It forces to provide necessarily with legal-constitutionalist foundation the operation to make specific the Right that, beyond the possible variants, must be permissible from a suitable constitutional understanding.