313 study unit 1 Flashcards
What does the term ‘intellectual property’ encompass?
A very wide field of law including:
* Copyright
* Patents
What does the law of succession determine?
What happens to a person’s estate when they die.
What identifies the person(s) entitled to succeed the deceased?
The rules of succession.
What are the three ways succession can take place?
- According to a valid will
- Operation of law of intestate succession
- Contract or agreement
What does the content of the law of succession determine?
How the distribution of a deceased estate must take place.
What are some acts important for the law of succession?
- Administration of Estates Act
- Children’s Act
- Civil Union Act
- Constitution
- Marriage Act
What are the two main branches of the law of succession?
- Common law - testamentary and intestate succession rules
- Customary - only intestate succession rules
What must customary law be compatible with?
The Constitution.
What differentiates common law from customary law?
- Customary law aims to preserve the family unit and community after death.
- Common law regulates the transfer of wealth of the deceased.
What is the role of courts in determining applicable law in succession?
Courts apply choice of law rules.
What is ‘testate law of succession’?
The legal rules that regulate the devolution of a deceased person’s estate according to the testator’s wishes.
What is ‘intestate’?
Legal rules determining how succession occurs when there is no valid will.
Who is a testator?
A natural person who makes a will.
Who is a beneficiary?
Person to whom the testator’s estate is transferred.
What is the difference between an heir and a legatee?
- Heir - inherits the entire estate or a portion thereof.
- Legatee - inherits a specific asset or amount of money.
What is a ‘will testament’?
A unilateral, voluntary juristic act contained in a document with instructions on the estate post-death.
What does ‘freedom of testation’ mean?
A person is free to dispose of their estate as they wish.
What is ‘pactum successorium’?
A contract regulating the devolution of assets.
What is the role of an executor?
Person in charge of administering a deceased person’s estate.
What is a trust in the context of succession?
Ownership and control of property entrusted to a third party to manage for beneficiaries.
What does ‘fideicommissum’ mean?
Testator directs that several beneficiaries will own the estate or part of it.
What is ‘accrual’ in the context of inheritance?
Right of co-heirs or co-legatees to inherit the share another cannot or does not wish to receive.
What is ‘collation’?
Requirement for a descendant to account for benefits received from a testator before inheriting.
What does ‘adiation’ mean?
Acceptance of a benefit from the estate of a testator.
What is ‘repudiation’ in inheritance terms?
Rejection of a benefit from the estate of a testator.
What is ‘estate massing’?
When two or more testators consolidate their estates into one unit for testamentary disposal.
What does ‘usufruct’ entail?
Ownership is bequeathed to one person, while the right to use and enjoy is given to another.
What is ‘dies cedit’?
The time when a beneficiary obtains a vested right to claim delivery of bequeathed property.
What does ‘dies venit’ signify?
The time when a beneficiary’s right to claim delivery of property becomes enforceable.
What is a ‘modus’ in testamentary dispositions?
A qualification added to a gift requiring the beneficiary to devote the property to a specific purpose.
What is required for the ground rules of succession?
A person must have died.
What is necessary for a transfer of rights in inheritance?
Somebody must take the place of the deceased testator regarding ownership.
What is the ‘nasciturus fiction’?
Rights are granted to a child conceived before the death of the testator, provided they are born alive.
What does it mean for a beneficiary to be competent to inherit?
Most persons are competent; minors can inherit but enjoyment is postponed until majority.
What is the ‘bloody hand principle’?
A person who caused the death cannot benefit from their crimes by inheriting.
