Law of Persons Week 1 Quiz
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Questions and Answers

What is the primary focus of private law?

  • The regulation of economic activities
  • The punishment of criminal offenses
  • The relationship between legal subjects and objects (correct)
  • The protection of human rights

Which of the following is NOT a category of juristic persons?

  • Associations complying with common law requirements
  • Associations incorporated under a general enabling act
  • Associations created and recognised through separate legislation
  • Natural persons with special capacity (correct)

What determines the limit of every right?

  • Social norms and customs
  • The will of the individual
  • The law of persons
  • The law (correct)

What is a common characteristic of legal objects?

<p>They have economic value (A)</p> Signup and view all the answers

Which of the following is a characteristic of legal subjects?

<p>They are recognised by the law of SA (B)</p> Signup and view all the answers

What is the primary distinction between legal subjects and legal objects?

<p>Legal subjects have rights and duties, while legal objects do not (C)</p> Signup and view all the answers

What is the primary focus of the Law of Persons in Private Law?

<p>Defining the legal personality of entities (B)</p> Signup and view all the answers

When does legal personality begin?

<p>At birth (A)</p> Signup and view all the answers

What is the term used to describe the legal fiction of a fetus being treated as a person?

<p>Nasciturus fiction (B)</p> Signup and view all the answers

What is the legal requirement for the beginning of legal personality?

<p>Birth of the person (A)</p> Signup and view all the answers

What is the significance of registration in the context of legal persons?

<p>It is essential for legal identity (C)</p> Signup and view all the answers

How is juristic personality formed?

<p>Through legal recognition (C)</p> Signup and view all the answers

What is the consequence of the termination of pregnancy in relation to legal personality?

<p>The fetus loses legal personality (C)</p> Signup and view all the answers

What is the effect of death on legal personality?

<p>It terminates legal personality (A)</p> Signup and view all the answers

What is the primary characteristic of corporeal things as a category of legal objects?

<p>They are separate and tangible (C)</p> Signup and view all the answers

Which of the following is NOT a type of legal capacity?

<p>Immaterial legal capacity (C)</p> Signup and view all the answers

What is the primary purpose of determining the grounds of liability before instituting a civil claim?

<p>To identify the appropriate grounds for seeking legal redress (D)</p> Signup and view all the answers

What is the key distinction between active and passive legal capacity?

<p>Active capacity refers to the ability to perform juristic acts, while passive capacity refers to the ability to be held accountable (A)</p> Signup and view all the answers

What is the term used to describe a person's inherent rights and dignity?

<p>Personality property (A)</p> Signup and view all the answers

What is the primary purpose of transformative constitutionalism?

<p>To grant legal rights to animals (A)</p> Signup and view all the answers

What is the term used to describe the recognized grounds of liability in a civil claim?

<p>Forms of liability (A)</p> Signup and view all the answers

What is the key principle underlying the concept of public law rights?

<p>The constitution is supreme (B)</p> Signup and view all the answers

What is the primary purpose of the Rei vindicatio remedy?

<p>To allow the owner of a thing to recover it from anyone who is in possession of it (A)</p> Signup and view all the answers

Which defence is available when parties owe reciprocal obligations and one party fails to perform?

<p>Exceptio non adimpleti contractus (A)</p> Signup and view all the answers

What type of loss is compensated for in an action for pain and suffering?

<p>Non-patrimonial loss (B)</p> Signup and view all the answers

When does a natural person's legal personality begin?

<p>At birth (C)</p> Signup and view all the answers

What is the requirement for the beginning of legal personality?

<p>All of the above (D)</p> Signup and view all the answers

What is the primary purpose of the Condictio remedy?

<p>To recover money when one person is enriched at the expense of another (D)</p> Signup and view all the answers

What is the doctrine of estoppel based on?

<p>A lie told by one party to another (A)</p> Signup and view all the answers

In the context of Jabu's will, what is the condition for his children to inherit his estate?

<p>They must be alive at the date of Jabu's death (D)</p> Signup and view all the answers

What is the primary reason why Theo is unhappy with the distribution of his grandfather's estate?

<p>Because he has to share it with his yet-to-be-born sister (C)</p> Signup and view all the answers

What is the legal status of a slave during Roman times?

<p>A legal object with no rights (A)</p> Signup and view all the answers

What is the primary purpose of the nasciturus fiction?

<p>To ensure the distribution of an estate to all beneficiaries, including those yet to be born (A)</p> Signup and view all the answers

What is the legal status of a student at Eduvos?

<p>A natural person with full rights (C)</p> Signup and view all the answers

What is the requirement for a legally valid birth?

<p>The child must be born alive (B)</p> Signup and view all the answers

What type of right does ownership give to the owner?

<p>A real right to the property (B)</p> Signup and view all the answers

What is the relationship between personality rights and dignity?

<p>Personality rights include dignity (B)</p> Signup and view all the answers

What is the primary difference between a legal subject and a legal object?

<p>A legal subject has autonomy, while a legal object has no autonomy (C)</p> Signup and view all the answers

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.
  • 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)
  • 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 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 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)

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Related Documents

Law Of Persons - Week 1 PDF

Description

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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