Legal Objects Flashcards

1
Q

What is the connection between Subjective Rights and Legal Objects

A
  • all legal subjects must have their rights protected through subjective rights .
  • the law categorizes 4 types of subjective rights which are linked to legal objects.
  • they include, real rights, personal rights, personality rights and intellectual rights.
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2
Q
  1. Legal Objects
A
  • A legal subject must have a right to something.
  • real right to things, personal rights to performance, personality rights to personality and intellectual rights to intellectual property.
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3
Q

1.1 Real Rights

A
  • a right that a legal subject has in respect to legal tangible objects.
  • a ‘Thing’ is any corporeal object with sentimental and/or monetary value.
  • Real rights are absolute rights
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4
Q

1.2 Personal Rights

A
  • a right a legal subject has with respect to the demand performance from another legal subject.
  • the obligation has to do with contract and delict
  • Personal Rights are Relative rights
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5
Q

1.3 Personality Rights

A
  • a right that one legal subject has with respect to aspects of their personality (Physical/Mental Health)
  • this includes privacy, ownership of ones body, demand to not be assaulted and demand to not have their reputation harmed.
  • these rights are absolute.
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6
Q

1.4 Intellectual Property Rights

A
  • A right that a legal subject has with respect to their intellectual property , the product/ invention from ones mind.
  • they are protected through Copyrights ( ideas in a book ), Trademark ( The logo of a business ) and a Patent ( idea/invention )
  • these rights are absolute rights
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