only restrictions upon the judicial personality. Those who are in any of these conditions may have rights and even obligations when they arise from the facts or from the relations between the property of the incapacitated person and a third person.

ART. 33. Should there be doubt between two or more persons called to succeed each other as to which of them died first, he who alleges the prior death of one or the other must prove it; in the absence of proof it shall be presumed that they both died at the same time, and the transmission of rights from one to the other shall not take place.

ART. 34. With regard to the presumption of the death of an absentee and its effects the provisions of title 8 of this book shall govern.

CHAPTER II.

JUDICIAL PERSONS.

ART. 35. The following are judicial persons: 1. The corporations, associations, and institutions of public interest recognized by law.

Their personality begins from the very instant in which, in accordance with law, they are validly established.

2. The associations of private interest, be they civil, commercial, or industrial, to which the law grants personality, independent of that of each member thereof.

ART. 36. The associations referred to in No. 2 of the foregoing article, shall be governed by the provisions of their articles of association, according to the nature of the latter.

ART. 37. The civil capacity of corporations shall

BIRTH AND EXTINCTION OF CIVIL PERSONALITY. 211

be governed by the laws which have created or recognized them; that of associations by their by-laws, and that of institutions by the rules of their establishment, duly approved by an administrative act, when this requisite is necessary.

ART. 38. Judicial persons may acquire and possess property of all kinds, as well as contract obligations and institute civil or criminal actions in accordance with the laws and rules of their establishment.

The church shall be governed, in this particular, by what has been agreed upon by both powers, and educational and charitable institutions by the provisions of special laws.

ART. 39. When corporations, associations, and institutions have ceased to act, by reason of the termination of the period which during they legally acted, or on account of having attained the ends for which they were established, or because it has become impossible to apply thereto the activity and the means which were at their disposal, the property shall be disposed of as may have been determined upon by the laws or by-laws or articles of their establishment. If nothing has been previously fixed, the property shall be used for similar purposes in the interests of the region, province, or municipality which may have principally reaped the benefits of the extinct institutions.

TITLE III.

DOMICILE.

ART. 40. For the exercise of rights and the fulfillment of civil obligations the domicile of natural persons is the place of their usual residence; and, in a proper case, that determined by the law of civil procedure.

The domicile of resident diplomats who, by reason of their office abroad, enjoy the rights of extraterritoriality shall be the last one they had in Spanish territory.

ART. 41. When neither the law which has created or recognized them, nor the statutes or rules of their establishment fix the domicile of judicial persons, it shall be understood that it is at the place where the legal representation is established or where they exercise the principal duties of their institution.