38 Questions
What is the primary focus of private law?
The relationship between legal subjects and objects
Which of the following is NOT a category of juristic persons?
Natural persons with special capacity
What determines the limit of every right?
The law
What is a common characteristic of legal objects?
They have economic value
Which of the following is a characteristic of legal subjects?
They are recognised by the law of SA
What is the primary distinction between legal subjects and legal objects?
Legal subjects have rights and duties, while legal objects do not
What is the primary focus of the Law of Persons in Private Law?
Defining the legal personality of entities
When does legal personality begin?
At birth
What is the term used to describe the legal fiction of a fetus being treated as a person?
Nasciturus fiction
What is the legal requirement for the beginning of legal personality?
Birth of the person
What is the significance of registration in the context of legal persons?
It is essential for legal identity
How is juristic personality formed?
Through legal recognition
What is the consequence of the termination of pregnancy in relation to legal personality?
The fetus loses legal personality
What is the effect of death on legal personality?
It terminates legal personality
What is the primary characteristic of corporeal things as a category of legal objects?
They are separate and tangible
Which of the following is NOT a type of legal capacity?
Immaterial legal capacity
What is the primary purpose of determining the grounds of liability before instituting a civil claim?
To identify the appropriate grounds for seeking legal redress
What is the key distinction between active and passive legal capacity?
Active capacity refers to the ability to perform juristic acts, while passive capacity refers to the ability to be held accountable
What is the term used to describe a person's inherent rights and dignity?
Personality property
What is the primary purpose of transformative constitutionalism?
To grant legal rights to animals
What is the term used to describe the recognized grounds of liability in a civil claim?
Forms of liability
What is the key principle underlying the concept of public law rights?
The constitution is supreme
What is the primary purpose of the Rei vindicatio remedy?
To allow the owner of a thing to recover it from anyone who is in possession of it
Which defence is available when parties owe reciprocal obligations and one party fails to perform?
Exceptio non adimpleti contractus
What type of loss is compensated for in an action for pain and suffering?
Non-patrimonial loss
When does a natural person's legal personality begin?
At birth
What is the requirement for the beginning of legal personality?
All of the above
What is the primary purpose of the Condictio remedy?
To recover money when one person is enriched at the expense of another
What is the doctrine of estoppel based on?
A lie told by one party to another
In the context of Jabu's will, what is the condition for his children to inherit his estate?
They must be alive at the date of Jabu's death
What is the primary reason why Theo is unhappy with the distribution of his grandfather's estate?
Because he has to share it with his yet-to-be-born sister
What is the legal status of a slave during Roman times?
A legal object with no rights
What is the primary purpose of the nasciturus fiction?
To ensure the distribution of an estate to all beneficiaries, including those yet to be born
What is the legal status of a student at Eduvos?
A natural person with full rights
What is the requirement for a legally valid birth?
The child must be born alive
What type of right does ownership give to the owner?
A real right to the property
What is the relationship between personality rights and dignity?
Personality rights include dignity
What is the primary difference between a legal subject and a legal object?
A legal subject has autonomy, while a legal object has no autonomy
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, what legal status involves, and what effect various factors have on legal status.
Legal Subjects
- A legal subject is an entity that has rights, duties, and capacities, and is recognized as such by the law of South Africa.
- There are two kinds of legal subjects: natural persons and juristic persons.
Natural Persons
- Human beings are natural persons.
- A natural person's legal personality begins at birth, and the requirements for the beginning of legal personality are:
- Birth must be fully complete
- Separation between the mother and child
- Born alive
Juristic Persons
- Certain associations of natural persons can be juristic persons, such as:
- Associations incorporated under a general enabling act (e.g. companies)
- Associations created and recognized by separate legislation (e.g. SABC)
- Associations that comply with common law requirements (e.g. continued existence, rights and duties, and not for gain)
Legal Objects
- A legal object is an entity that has economic value, but no rights, duties, or capacities.
- Examples of legal objects include:
- Corporeal things (e.g. property)
- Immaterial property (e.g. ideas, intellectual property)
- Performance (e.g. human acts)
Legal Capacity
- Legal capacity refers to a person's ability to perform juristic acts, be held accountable for wrongdoing, and litigate.
- There are two types of 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 rights and duties.
Nasciturus Fiction
- The nasciturus fiction is a legal concept that treats a foetus as if it were already born for the purpose of inheritance.
- In the case of Jabu's will, the nasciturus fiction would make it possible for Nina (who was not yet born when Jabu died) to inherit from Jabu.
Legal Personality
- Legal personality is the status of being a legal subject.
- A person's legal personality is terminated through death.
- The law of persons deals with the characteristics and status of legal subjects, including their legal personality.
Forms of Liability
- Forms of liability include:
- Constitutional rights
- Public law rights
- Delictual remedies (e.g. Aquilian action, action for pain and suffering)
- Remedy of rei vindicatio (property-based remedy)
- Condictio (used to recover money when one person is enriched at the expense of another)
- Exceptio non adimpleti contractus (defence available where parties owe reciprocal obligations)
- Doctrine of estoppel (where one person has lied and the other person has relied on that lie to their disadvantage)
Test your knowledge on the Law of Persons, covering topics from Week 1 of the course. Based on the prescribed material from Eduvos, this quiz assesses your understanding of the subject.
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