Podcast
Questions and Answers
Which of the following best describes a 'juristic person'?
Which of the following best describes a 'juristic person'?
- An entity, such as a company or university, that is recognized by law as having rights and duties. (correct)
- A being protected by Nasciturus law before being born.
- Any individual who has the capacity to litigate in court.
- A human being with full legal rights from birth.
An unborn child is immediately recognized as a legal person with full rights and duties from the moment of conception.
An unborn child is immediately recognized as a legal person with full rights and duties from the moment of conception.
False (B)
Explain the difference between 'real rights' and 'personal rights', providing an example for each.
Explain the difference between 'real rights' and 'personal rights', providing an example for each.
Real rights can be enforced against anyone (e.g., ownership of property), while personal rights can only be enforced against a specific individual (e.g., a service contract).
The ability to enter into contracts is an example of ______ legal capacity, while the rights you're born with is an example of ______ legal capacity.
The ability to enter into contracts is an example of ______ legal capacity, while the rights you're born with is an example of ______ legal capacity.
Match each type of right with its corresponding description:
Match each type of right with its corresponding description:
Flashcards
Person (Legal Definition)
Person (Legal Definition)
A being, entity, or association with legal rights and duties.
Natural Persons
Natural Persons
Human beings with legal rights and duties.
Juristic Persons
Juristic Persons
Entities like companies or universities with legal rights and duties.
Legal Personality
Legal Personality
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Real Rights
Real Rights
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Study Notes
- To be legally recognized as a person, one must possess rights and duties under the law.
- Boberg defines a person as any being, entity, or association capable of holding legal rights and duties.
- An unborn child is not considered a person, although the Nasciturus law offers it protection.
Types of Persons
- Natural persons: human beings
- Juristic persons: banks, universities, companies, and municipalities
Legal Personality
- Legal personality is the recognition of an entity as a person, enabling it to acquire rights and duties.
- Legal objects, like dogs, cannot have rights and duties.
Different Rights
- Real rights: Ownership rights enforceable against the entire world.
- Personal rights: Rights enforced against a specific individual, such as services provided.
- Personality rights: Rights related to physical integrity, bodily freedom, reputation, dignity, feelings, and privacy. Example: Cabo Beach Club security, leakage of pictures
Constitutional Rights
- Constitutional rights are subject to limitations as per section 36 of the Bill of Rights, also known as the limitation clause.
Capacity
- Passive legal capacity: Rights automatically acquired at birth.
- Active legal capacity: The ability to perform juristic acts (enter contracts), be held accountable for wrongdoing, and litigate (argue in court).
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Description
Explores the definition of a legal person, including the distinction between natural and juristic persons. Discusses legal personality and the different types of rights, such as real rights, personal rights, and personality rights. Covers constitutional rights.
