Introduction to Law of Persons

10 Questions

What type of entities are especially created and recognized as juristic persons in separate legislation?

Universities, public corporations, and semi-state organizations

What is the third requirement for a juristic person to have its own legal personality?

Its objective cannot be for the acquisition of gain

What is the minimum requirement for a child to be considered born alive in South African law?

The child must have breathed

What is the time frame for notifying the Director General of Home Affairs of a child's birth?

Within 30 days of birth

Under what circumstances can an extra-marital child be registered under the father's surname?

If the parents jointly request it

What is the importance of the Law of Persons in the sphere of private law?

It determines which entities are legal subjects, when legal personality begins and ends, what legal status involves, and what effect certain factors have on a person's legal status.

What is the difference between a natural person and a juristic person in the context of legal personality?

A natural person is a human being with rights, duties, and capacities, whereas a juristic person is an association of natural persons granted legal personality, with its own rights, duties, and capacities separate from its members.

What was the historical treatment of slaves and monstra in terms of legal personality?

In the past, slaves were excluded from legal personality and were considered legal objects, and monstra or seriously malformed children were not considered legal subjects and could be killed.

What is the significance of functionaries in the context of juristic persons?

Functionaries act on behalf of the juristic person, enabling it to acquire rights, duties, and capacities independently of its members.

What types of associations are recognized as juristic persons in South African law?

Associations recognized as juristic persons in South African law include companies and other organizations that are granted legal personality.

Study Notes

Introduction to the Law of Persons

Private law is the "first law" that governs relationships with humans, including concepts and institutions that are basic to all other branches of law.
The Law of Persons determines which entities are legal subjects, when legal personality begins and ends, what legal status involves, and what effect certain factors have on a person's legal status.

Legal Subjects

There are two kinds of legal subjects: natural persons and juristic persons.
Natural persons: every human being, with rights, duties, and capacities that vary depending on factors; in modern South African law, all beings of human descent are legal subjects.
Juristic persons: certain associations of natural persons to which legal personality is granted, with legal existence independent from its members; examples include companies, banks, close corporations, universities, and public corporations.

Requirements for Juristic Persons

Must continue to exist even if members vary.
Must have or be able to have its own rights, duties, and capacities.
Its objective cannot be for the acquisition of gain.

Beginning of Legal Personality

Legal personality begins at birth, not during foetal development.
Requirements for the beginning of legal personality:
- Birth must be fully completed, with complete separation between mother and foetus's body.
- Child must live after separation, even if for a short period.

Registration of Births

The Births and Deaths Registration Act requires notification of birth of every child born alive within 30 days of birth.
Parents or the person in charge of the child must notify the Director General of Home Affairs or a person transferred with the powers and duties.
The child must be assigned a forename and surname; legitimate children are registered under the surname of either parent, while extra-marital children are registered under the mother's surname unless the parents jointly request the father's surname.