Legal Rights and Duties in South African Law
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Questions and Answers

Which of the following best defines a 'person' in the legal context?

  • A human being
  • An entity capable of having legal rights and duties
  • A corporation or association
  • All of the above (correct)
  • What is the primary purpose of the Law of Persons according to the text?

  • Both a and b (correct)
  • To establish the state's authority in private law matters
  • To regulate the relationships between people
  • To determine the rights and duties that people have towards one another
  • How does the text describe the relationship between the state and private law matters?

  • The state's involvement in private law matters is determined by the Constitution
  • The state has no involvement in private law matters
  • The state is always a party to private law matters
  • The state, acting without authority, can be a party to private law matters (correct)
  • What is the relationship between natural persons and juristic persons according to the text?

    <p>Natural persons and juristic persons are both capable of having legal rights and duties</p> Signup and view all the answers

    How does the text describe the impact of the Constitution of the Republic of South Africa on the Law of Persons?

    <p>The text does not mention the impact of the Constitution on the Law of Persons</p> Signup and view all the answers

    Which of the following legal concepts are explicitly defined in the text?

    <p>Natural person and juristic person</p> Signup and view all the answers

    Which of the following best describes the legal status of an infans (a person under the age of 7) in South African law?

    <p>Infans have no contractual capacity and any contracts they enter into are void and have no legal effect.</p> Signup and view all the answers

    What is the key difference in the legal capacities of infans (persons under 7) and older minors (persons aged 7 to 18) in South African law?

    <p>Infans have no contractual capacity, while older minors have limited contractual capacity with the assistance of their guardian.</p> Signup and view all the answers

    What is the legal definition of a 'juristic act' in South African law?

    <p>A juristic act is a voluntary human act which has intended legal consequences.</p> Signup and view all the answers

    How has the Children's Act 38 of 2005 affected the age of majority in South African law?

    <p>The Children's Act has lowered the age of majority from 21 to 18 years old.</p> Signup and view all the answers

    Which of the following statements best describes the impact of the Constitution of the Republic of South Africa on the Law of Persons?

    <p>The Constitution has significantly expanded the legal rights and protections afforded to persons in South Africa.</p> Signup and view all the answers

    Which of the following types of legal rights are discussed in the provided text?

    <p>Real rights and personal rights</p> Signup and view all the answers

    What does legal capacity refer to?

    <p>A person's competence in terms of the law</p> Signup and view all the answers

    Which form of capacity does not require any positive action for its existence?

    <p>Passive legal capacity</p> Signup and view all the answers

    What is the relationship between passive legal capacity and being a person?

    <p>All persons have passive legal capacity by means of being a person</p> Signup and view all the answers

    What is inherent in all persons according to the text?

    <p>Passive legal capacity</p> Signup and view all the answers

    Which type of capacity is related to one's ability to litigate?

    <p>Active legal capacity</p> Signup and view all the answers

    What distinguishes active legal capacity from passive legal capacity?

    <p>Active legal capacity requires positive action, while passive legal capacity does not</p> Signup and view all the answers

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