Introduction Concepts and Definitions Flashcards
What is a person?
Someone or something that can have legal rights and duties
What are the two types of persons?
- Natural Persons
- Artificial Persons
Define an artificial person
It’s an abstract entity- an association of natural persons incorporated for a particular purpose.
It operates through its organs (natural persons).
What are artificial persons also known as?
Juristic persons
What is a legal subject?
Anyone who can have legal rights and duties.
They are the same as a legal person.
They have rights over legal objects.
True or False
A sole proprietorship is recognised as an artificial person?
False
What are legal objects?
They have no rights or duties and capable of being owned by a legal subject.
What are legal objects?
They have no rights or duties and capable of being owned by a legal subject.
Define “rights”
Legal entitlement enforceable by law
Define “duties”
Legal obligations which are imposed by law.
Something you must perform and can be applied to any bodies of law.
What is the supreme law of the land?
The constitution
Legislature?
Parliament which amends or enacts statutes, acts and legislation
Define “common law”
Roman-Dutch law that was transplanted to the Cape
What do “boni mores” refer to?
Expected good morals
When does legal personality begin and end for natural persons?
Begins at birth and ends at death
Why does a foetus not have legal personality?
It forms part of the mother thus cannot have legal personality as it is not yet a legal subject.
When does legal personality begin for artificial/juristic persons?
Begins at its incorporation and recognition through receiving a company registration certificate
When does legal personality for artificial/juristic persons end?
Ends at dissolution, liquidation or deregistration.
Purpose of private law
Regulates relationships between legal subjects (e.g.: contract)
Purpose of private law
Regulates relationships between legal subjects (e.g.: contract)
Purpose of public law
Regulates relations between the state and its legal systems (i.e.: natural/artificial persons)
