Podcast
Questions and Answers
What does the law of persons primarily concern itself with?
What does the law of persons primarily concern itself with?
- Regulations of property ownership
- Rights of juristic persons
- Commercial transactions between entities
- Legal subjects and their status (correct)
Which of the following accurately describes a natural person?
Which of the following accurately describes a natural person?
- Anyone who has initiated legal proceedings
- Only those over the age of 18
- Any individual recognized by international law
- All human beings regardless of age or mental capacity (correct)
What was a significant exception regarding legal subjects before modern law?
What was a significant exception regarding legal subjects before modern law?
- Aborted fetuses were considered legal persons
- Slavery was accepted, and slaves could not have rights (correct)
- Mentally disabled individuals could inherit property
- Children under the age of five were legal objects
What is a characteristic feature of a juristic person?
What is a characteristic feature of a juristic person?
What factors determine the recognition of a legal entity?
What factors determine the recognition of a legal entity?
What is one potential category of juristic persons?
What is one potential category of juristic persons?
What happens when functionaries act on behalf of a juristic person?
What happens when functionaries act on behalf of a juristic person?
Which of the following is NOT considered a juristic person?
Which of the following is NOT considered a juristic person?
Flashcards
Juristic Person
Juristic Person
An association of people recognized as a separate legal entity.
Factors Determining Legal Subject Recognition
Factors Determining Legal Subject Recognition
Community values, commercial needs, and history shape which entities become legal subjects.
Legal Personality (legal subject)
Legal Personality (legal subject)
The status of being recognized by law as a person.
Exceptions to Legal Subject Recognition
Exceptions to Legal Subject Recognition
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Juristic Person Characteristics
Juristic Person Characteristics
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Recognized Juristic Persons
Recognized Juristic Persons
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Natural Person
Natural Person
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Legal Person
Legal Person
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Study Notes
Law of Persons
- Determines which entities are legal subjects
- Outlines how a legal subject begins and ends
- Defines what legal status entails
- Primarily focuses on natural persons, not juristic persons
Legal Subjects
- Natural Persons: All humans, regardless of age or mental capacity
- Juristic Persons: Certain associations of natural persons; granted legal personality
- Factors Determining Recognition as a Legal Subject:
- Legal norms and societal views
- Commercial needs
- Historical and cultural context
Natural Persons (Further Detail)
- Every human is a legal subject
- Capacities and rights are based on mental capacity and age
- Exceptions:
- Slaves before 1834, in South Africa
- Severely deformed infants (monstra) under Roman and Roman Dutch law
Juristic Persons (Further Detail)
- Enjoy independent legal existence from members
- Act through representatives (e.g., directors)
- Members' actions bind the juristic person
- Examples:
- Associations formed under general legislation (companies, banks, co-ops)
- Associations granted juristic personality through specific laws (universities, government bodies)
Additional Considerations
- Common law requirements for recognition of juristic persons
- Associations must have continuous existence, rights, duties, and capacities, and not seek profit
- Trusts and partnerships are not recognized as juristic persons
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