Legal Subjects

Question 1

What is a Legal Subject?

Answer 1

• it is a term used to indicate a person/association of people in private law which are the bearers of rights and duties

Question 2

What are the two types of Legal Subjects?

Answer 2

1. Natural Person
   - In modern SA, all human beings are regarded as legal subjects which means they are entitled to rights and duties.
   - Under Apartheid, even though all people were deemed as legal subjects, the laws denied rights given to certain people thus not al had people had equal rights.
   - In customary law, the family unit as a whole is considered the legal subject and bear the rights and duties of family members, eg Lobola.
2. Juristic Person
   - an association of natural persons who are entitled to rights and duties.
   - the association itself is the legal subject and it is separate from its members.
   - it exercises through its organs.
   - juristic persons have the same role as NP but cannot perform everything

Question 3

Where do natural and juristic persons gain recognition?

Answer 3

• Section 8(2) and Section 8(4)

Question 4

Legal Subjectivity?

Answer 4

• all Legal subjects are subjects to the law and not objects.
• It commences at birth and terminates at death however a fetus may have legal subjectivity within limitation through Nascuritas Fiction.
• In SA, only human beings and juristic persons are regarded as Legal subjects , not animals.
• Animals are still protected from maltreatment through the Animal Protection Rights