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.
2
Q
- 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.
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
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
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.
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