40 Questions
What is the characteristic of corporeal things?
Separate and tangible
What is an example of personality rights?
Dignity
What is the main purpose of determining the grounds of liability?
To institute a civil claim against the other party
What is the characteristic of active legal capacity?
Capacity to perform juristic acts
What is the supreme law in the country?
Constitution
What are the recognized grounds of liability?
Constitutional rights and public law rights
What is status in the context of legal objects?
A person's legal position or condition
What is an example of immaterial property?
An idea contained in a product
What is the primary focus of the Law of Persons?
Determination of legal subjects and their status
When does legal personality begin?
At birth
What is the significance of registration in the Law of Persons?
It is a prerequisite for legal personality
What is the term used to describe the fictional concept of a unborn child being treated as a legal person?
Nasciturus fiction
How is legal personality terminated?
Through death or termination of pregnancy
What is the term used to describe the formation of a legal person?
Juristic personality
Under which law does the Law of Persons fall?
Private law
What is the outcome of the termination of pregnancy in relation to legal personality?
The unborn child is not considered a legal person
What type of remedy is Rei Vindicatio?
Property-based remedy
What is the purpose of Condictio?
To recover money when one person is enriched at the expense of another
What is the Exception Non Adimpleti Contractus?
A defence available where parties owe reciprocal obligations
What is the purpose of an Aquilian Action?
To claim damages for patrimonial loss
What is the purpose of an Action for Pain and Suffering?
To claim damages for non-patrimonial loss
What is the Doctrine of Estoppel?
A doctrine where a person is prevented from relying on the truth in their defence
At what stage does a foetus attain legal personality?
At birth
What is the requirement for the beginning of legal personality?
Birth must be fully complete and the child must be born alive
What is the purpose of the nasciturus fiction in the law of succession?
To protect the potential interests of an unborn child
What is the requirement for a child to be considered under the nasciturus fiction?
The child must be born alive
What is the main issue in the case of Christian Lawyers Association v Minister of Health?
Pregnancy termination is regulated according to weeks of gestation
What is the main question in the case of Ex parte Boedel Steenkamp?
Does the nasciturus fiction apply in this case?
What is the relevance of the nasciturus fiction in the case of Alexis and Jabu?
It determines the inheritance of their second child, Diablo
What is the purpose of the Choice on Termination of Pregnancy Act?
To regulate pregnancy termination
What is the main issue in the case of Pinchin v Santam?
Does the nasciturus fiction apply in this case?
What is the relevance of the weeks of gestation in pregnancy termination?
It determines the circumstances in which a pregnancy may be terminated
What is the reason for Steward's death?
Liver failure
Who does Steward leave his entire estate to?
His daughter Anne and her children
What is the age of Theo at the time of his grandfather's death?
16 years old
What is the name of Anne's second child?
Nina
What is the purpose of the nasciturus fiction?
To recognize the rights of unborn children
What is a legal object?
A thing that can be owned or possessed
What is true about a person's dignity?
It forms part of personality rights
In which area of law is the nasciturus fiction typically applicable?
Succession
Study Notes
Law of Persons
- The law of persons is a part of private law that determines which entities are legal subjects, when legal personality begins and ends, and what legal status involves.
- Legal personality refers to the capacity to have legal rights and duties.
Foundational Concepts
- Legal objects: entities that are not legal subjects, but can be owned or possessed (e.g., motor vehicles, corporeal things)
- Legal subjects: entities that have legal personality, including natural persons and juristic persons (e.g., corporations, institutions)
- Juristic personality: the capacity of a legal person to have legal rights and duties
Legal Capacity
- Active legal capacity: the ability to perform juristic acts, be held accountable for wrongdoing, and litigate
- Passive legal capacity: the ability to have legal rights and duties
Forms of Liability
- Constitutional rights: public law rights that are protected by the Constitution
- Delictual remedies: remedies for harm or injury caused by negligence or intentional wrongdoing (e.g., Aquilian action, action for pain and suffering)
- Contractual remedies: remedies for breach of contract (e.g., condictio, exceptio non adimpleti contractus)
Beginning of Legal Personality
- A natural person's legal personality begins at birth, provided that the birth is fully complete, the child is separated from the mother, and the child is born alive
Nasciturus Fiction
- The nasciturus fiction is a legal concept that allows an unborn child to inherit property or benefit from a legal act
- Requirements for the nasciturus fiction: the child must have been conceived at the time the benefit accrued, and the child must be born alive
Termination of Pregnancy
- The Choice on Termination of Pregnancy Act regulates the termination of pregnancy
- Circumstances in which a pregnancy may be terminated: up to 12 weeks of gestation, between 13-20 weeks of gestation, and after 20 weeks of gestation
Case Studies
- Ex parte Boedel Steenkamp: a case that illustrates the application of the nasciturus fiction
- Pinchin v Santam: a case that discusses the nasciturus fiction in the context of succession
- Christian Lawyers Association v Minister of Health: a case that deals with the regulation of pregnancy termination
This quiz covers the basics of the Law of Persons, including key concepts and principles. It is part of the prescribed material for a private higher education institution. Cases and textbooks are also included in the study material.
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