cours 6 Flashcards
mentionné après
aftermentioned
à partir de ce moment ce terme sera…
hereafter
dans ce document
herein
discuté plus tard dans le doc
hereinafter
après ce terme
thereafter
dans le document
therein
terme mentionné plus tôt dans le doc
thereinbefore
starting again (locution latine)
de novo
attrapé en flagrant délit
in flagrante delicto
for a short time (latin)
pro tempore
from the begining latin
ab initio
not capable of commiting a crime
doli incapax
capable of commiting a crime
doli capax
pour le voc dans les documents légaux
voir la fiche du cours
what is a legal person
A legal person is a human or a non-human legal entity that is treated as a person for legal purposes.
legal person and business
A legal person is capable of engaging in all usual legal business that a real person can participate in, such as suing, being sued, owning property, and entering into contracts.
The legal personhood
As a result, these statutorily created entities are able to be treated as legally distinct from their shareholders and officers
–>les associés sont distingués de l’entreprise
constitutional rights for legal persons
the due process and equal protection aspects of the Fourteenth Amendment
entity
An entity refers to a person or organization possessing separate and distinct legal rights, such as an individual, partnership, or corporation.
–>An entity can, among other things, own property, engage in business, enter into contracts, pay taxes, sue and be sued.
–>A legal entity holds rights, and each entity has a legal status.
the south africa law
applies to everyone
the 2 kinds of legal subjects in south africa
- natural personne: all human being who were born alive
-juristic personne : not a human being
legal personnality
you are capable of having your own rights and duties
unborn child
no rigts or duties
shot a pregnante woman ?
a man tried to do that in south africa, he was found guilty because the child wasn’t born alive
juristic persones in south africa
1: associations icorporated in the conditions of the legislation
–>companies, banks, mutual banks
2: association recognises in separate legislation
–>universities or semi states organizations
3 : associations according to common law
–>Universitate (religions)
–>conditions
1 : continuous existence
2: must have rigts duties and capacities or be able to have rights independants of the founding member’s
3: its object must not be the aquisition of gain
