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Law of persons PVL1501 > Chapter 1 Concept - Legal Subject > Flashcards

Chapter 1 Concept - Legal Subject Flashcards

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1
Q

Define “Law of persons”

4 things

A

Is that part of law which determines :

  1. Which entities are legal subjects.
  2. How and when a legal personality begins and ends.
  3. What legal status involves
  4. What effect various factors have on a person’s legal status.
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2
Q

What is the law?

A

A system of norms of conduct or rules posited by competent bodies to regulate relations between members of the community in a peaceful and just manner.

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3
Q

Explain the dual relationship of the law?

2 points 4 marks

A
  1. Legal relationship between bearer of rights and other legal subjects. Subject to Subject relationship.
  2. Legal relationship between bearer of rights and the object of the right. Subject to Object relationship.
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4
Q

What is a legal object?

4 Points

A
  1. A thing, animals, book, furniture etc.
  2. Any object which has economic value
  3. Upon which the law has not conferred the capacity to have rights, duties and capacities
  4. And therefore cannot participate in legal or commercial traffic.
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5
Q

What is a legal subject?

3 Points

A
  1. Any entity that the law recognises as such
  2. and to which the law attributes rights, duties and capacities.
  3. The law confers legal personality on an entity.
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6
Q

The ability to have rights, duties and capacities is called :

A

Having legal capacity.

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7
Q

What is the difference between human beings and animals?

A
  1. Human beings can act and thereby give rise to legal consequences.
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8
Q

What did persona mean to the Romans

A

Human being. They simply distinguished between human beings and all other entities.

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9
Q

During which time did the Roman jurists attribute legal personality to other entities apart from people?

A

During the Republic.

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10
Q

What does res mean

A

Things

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11
Q

Name the six categories of legal objects

6 Points

A
  1. Corporeal things.
  2. Performances.
  3. Personality property.
  4. Immaterial property.
  5. Personal immaterial objects.
  6. Trade secrets.
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12
Q

What are corporeal objects?

3 Points

A
  1. Seperate, tangible items which are
  2. susceptible to human control and
  3. Which are of value to people.
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13
Q

What is performance?

3 Points

A
  1. Human act by which something is given, done or not done.
  2. Right to performance is a personal right or
  3. A claim
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14
Q

What is personality property?

A
  1. Relates to a person’s personality.

2. A person’s rights to his good name, honour, personal identity etc.

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15
Q

What is immaterial property?

A
  1. The right to immaterial property.
  2. Artist’s right to painting or author to book.
  3. Right to copyright, right to patent right.
  4. Product is the creation of human mind.
  5. Also called intellectual property.
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16
Q

S.A. Law recognises two categories of legal subjects :

A
  1. Natural persons.

2. Juristic persons - artificial persons.

17
Q

What is a natural person?

2 Points

A
  1. All human beings have legal capacity, duries and rights.

2. Depending on factors such as age or mental capacity, these duties, rights and capacity varies.

18
Q

What is a juristic person?

2 Points

A
  1. Certain associations of natural persons.

2. In the case of a company the directors or officers act on behalf of the juristic person.

19
Q

Our law recognises the following entities as juristic persons :

A
  1. Associations incorporated such as companies, banks, mutual banks,closed corporations and co-operatives.
  2. Universities, semi-state organisations.
  3. Associations which comply with common law to create a juristic person.
20
Q

Associations that comply with common law to create a juristic person must :
3 points

A
  1. Association must have a continuous existence irrespective that its members may vary.
  2. It must have R,D,C, or be able to have R,D,C.
  3. Its object must not be the acquisition of gain.
21
Q

Which other associations have legal personality?

A
  1. Church.
  2. Political party.
  3. Trade unions.
22
Q

Examples of non-juristic personalities?

A
  1. Trust.

2. Partnership.

23
Q

Name the two classes of legal subjects recognised in S.A. law.

A
  1. Natural persons.

2. Juristic persons.

24
Q

Is a montrum regarded as a legal subject in our law today?

A
  1. Yes. All human beings born have legal R,D,C depending on mental capacity these capacities may vary.
25
Q

Name the entities that are recognised as juristic persons today?

A
  1. Associations incorporated such as companies, banks, mutual banks,closed corporations and co-operatives.
  2. Universities, semi-state organisations.
  3. Associations which comply with common law to create a juristic person.
26
Q

Is a partnership regarded as a juristic person?

A

No. Individual partners are responsible for partnership debts out of their private funds.

Law of persons PVL1501 (1 decks)

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