Law of Persons Overview
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Questions and Answers

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?

  • 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?

  • 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?

    <p>It can only act through its functionaries</p> Signup and view all the answers

    What factors determine the recognition of a legal entity?

    <p>Legal norms, community views, and cultural background</p> Signup and view all the answers

    What is one potential category of juristic persons?

    <p>Religious organizations recognized by law</p> Signup and view all the answers

    What happens when functionaries act on behalf of a juristic person?

    <p>The juristic person gains property rights and duties</p> Signup and view all the answers

    Which of the following is NOT considered a juristic person?

    <p>An individual receiving a scholarship</p> Signup and view all the answers

    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
    • 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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    Related Documents

    Law of Persons (South Africa) PDF

    Description

    This quiz explores the fundamental concepts of the Law of Persons, focusing on legal subjects, specifically natural and juristic persons. It examines the criteria for legal recognition and the implications of legal status. Test your understanding of how legal subjects are defined and the exceptions to these definitions.

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