TERM 3

Question 1

difference between subjective rights

Answer 1

each subjective right provides its particular powers

Question 1

how does private law harmonise relationships between legal subjects

Answer 1

a subjective right always implies a corresponding duty

Question 2

locus standi in iudicio

Answer 2

capacity to appear in court and be a party in civil proceedings

Question 3

legal capacity

Answer 3

capacity to have rights and duties and to hold office

Question 4

distinction between positive law and law in the subjective sense

Answer 4

in the subjective sense, law is viewed as different rights and duties which apply between persons and positive law is law as a normative system

Question 5

law of persons

Answer 5

forms part of objective law that regulates the coming into existence, private law status and coming to an end of a natural person as a legal subject

Question 5

subjective rights

Answer 5

legal network of legal relationships that exist between legal subjects and/or objects

Question 6

legal subject

Answer 6

a person who can/is the bearer of rights, duties and capacities

Question 7

requirements for the application of the nasciturus fiction

Answer 7

1. fiction must be to the benefit of the nasciturus
2. benefit must accrue to nasciturus after date of conception
3. must be born alive in legal-technical sense

Question 8

nasciturus fiction

Answer 8

unborn can be regarded as already having been born when it is to their advantage but does not grant legal subjectivity to the unborn

Question 9

testate succession

Answer 9

when deceased expressed his will in the form of a legally valid will

Question 10

intestate succession

Answer 10

when deceased did not leave a legally valid will to determine who will inherit his assets

Question 11

ex parte boedel steenkamp

Answer 11

change in Wills Act to state that nasciturus fiction creates rebuttable presumption that not only children alive at time of testator’s death, but also those who have been conceived, stand to benefit

Question 12

viability

Answer 12

ability of foetus to live with or without scientific aid but independent of mother, without being fed via the mother’s bloodstream

Question 13

common law requirements for birth

Answer 13

1. completion of birth i.e foetus must be completely separated from mother’s body
2. must show a sign of life

Question 14

legal subjectivity

Answer 14

ability of a legal subject, through their capacities, take part in legal intercourse

Question 15

section 2

Answer 15

supremacy clause

Question 16

section 9

Answer 16

equality clause

Question 17

section 28

Answer 17

children’s rights

Question 18

section 36

Answer 18

limitation clause

Question 19

pali v diamond

Answer 19

customary law holds family head accountable for customary law delcits and crimes committed by family members

Question 20

for something to be a delict

Answer 20

1. an act
2. must be wrongful
3. must have caused damage
4. act must be culpable by intention or negligence
5. causation

Question 21

capacity to litigate

Answer 21

capacity to be a party in a court case in a civil claim

Question 22

capacity to act

Answer 22

capacity to perform juristic acts

Question 23

status

Answer 23

standing in terms of the law - sum total of a legal subject’s juridical concept

Question 24

juristic act

Answer 24

human act in which law attaches at least some of the consequences desired by the party performing the act

Question 25

connection between objective law and subjective rights

Answer 25

objective law determines the content and limits of every subjective right

Question 25

legal object

Answer 25

law has not conferred capacity to these things to have rights, duties and capacities and cannot participate in legal intercourse

Question 26

juristic person

Answer 26

group or association of persons and are viewed as legal subjects due to them having an independent right of existence according to the law

Question 27

natural persons

Answer 27

every human being is a legal subject

Question 28

objective/positive law

Answer 28

norms and rules that prescribe the conduct of persons