LOP TOPIC 1 Flashcards
What is law of persons
Part of the objective law which regulates the coming into existence, the private law status, and the coming to an end of a natural person as a legal subject.
What is objective law
It is the national law subdivided into private, public and mercantile law. It is all rules and regulations seen collectively as a legal framework.
What is subjective law
Individual rights and duties that exists between persons or persons and objects.
What is objective laws relationship with subjective law
Objective law creates the scope and content of subjective rights, so objective law regulates subjective law.
What is a person in law
A being, entity or organisation capable of bearing legal rights and duties. This includes natural and juristic persons.
What is a natural person
Human beings
What is a juristic person
A group or association of natural or juristic persons whose existence is independent of it’s members.
what is a person in private law
Legal subjects
What are the 3 types of juristic persons
- Societies incorporated in terms of a general enabling act (companies)
- Societies created through separate legislation (Universities)
- Societies meeting common law requirements (church)
What are subjective rights
Network of relationships existing between legal subjects or legal subjects and legal objects
What are the 4 types of rights offered to legal subjects that give rise to corresponding legal duties
- Real rights:
-Object of right is a physical thing
-Ownership is a real right protected by a claim in rem
-Apply against the whole world and everyone has a duty in respect of that right (respect your property) - Personal right
-Object of right is performance
-Protected by a claim in personam
-Apply against a particular person who owes performance - Personality rights
-Object of right is an aspect of your personality (reputation, privacy)
-Everyone has personality rights and there are claims available if they are infringed upon
-The apply against the whole world, such as integrity, reputation, dignity - Intellectual property rights
What does capacity refer to
It’s your ability or competence, what a legal subject is able to do according to the law
What is passive legal capacity
-Capacity to possess legal rights and duties
-Law automatically gives them to you if you are a natural person
-It is also the ability to hold a certain office because if you can hold an office you naturally incur the rights and duties of that office
What is the capacity to perform juristic acts
Human acts to which the law attaches consequences intended by the party performing the juristic act
-Includes one’s ability to actively change their legal position
-Person is only capable of this capacity if they understand the legal nature and consequences of their act, like entering into a marriage or making a will
What is the capacity to be held delictually accountable
-The ability to distinguish between right and wrong and act accordingly
-Person can only be held accountable for delict if intention or negligence was present
-This is established with the reasonability test: Would a reasonable person in the same circumstances have taken steps to prevent the outcome? If yes then negligence was present
A person will then be held accountable if they are culpae capax- have mental ability to distinguish between right and wrong, and can act accordingly.
