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Questions and Answers
What type of entities are especially created and recognized as juristic persons in separate legislation?
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?
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?
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?
What is the time frame for notifying the Director General of Home Affairs of a child's birth?
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Under what circumstances can an extra-marital child be registered under the father's surname?
Under what circumstances can an extra-marital child be registered under the father's surname?
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What is the importance of the Law of Persons in the sphere of private law?
What is the importance of the Law of Persons in the sphere of private law?
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What is the difference between a natural person and a juristic person in the context of legal personality?
What is the difference between a natural person and a juristic person in the context of legal personality?
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What was the historical treatment of slaves and monstra in terms of legal personality?
What was the historical treatment of slaves and monstra in terms of legal personality?
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What is the significance of functionaries in the context of juristic persons?
What is the significance of functionaries in the context of juristic persons?
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What types of associations are recognized as juristic persons in South African law?
What types of associations are recognized as juristic persons in South African law?
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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.
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Description
This quiz covers the fundamentals of the law of persons, a sub-section of private law that governs human relationships and determines legal subjecthood. It explores the concepts and institutions that form the basis of all other branches of law.
