Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
Law of persons |
That part of private law which determines which entities are legal subjects, when legal personality begins and ends, what legal status involves, and what effect various factors have on a person's legal status. |
|
|
Slavery abolished at the Cape |
1834 |
|
|
Human beings excluded from legal personality |
Slaves and monstra (children who were born seriously malformed) |
|
|
Natural person as legal subject |
All human beings |
|
|
Juristic person as legal subject |
Associations of natural persons |
|
|
Entities recognised as juristic persons 1 |
Associations incorporated in terms of general enabling legislation such as companies, banks, mutual banks, close corporations, and co-operatives. |
|
|
Entities recognised as juristic persons 2 |
Associations especially created and recognised as juristic persons in separate legislation, e.g. universities, semi-state organisations (organisations that are partly owned by the state) and public corporations such as the SABC. |
|
|
Entities recognised as juristic persons 3 |
Associations which comply with the common-law requirements for the recognition of legal personality of a juristic person, i.e. a church, a political party, and a trade union. |
|
|
Trust |
Not a juristic person |
|
|
Partnership |
Not a juristic person - individual partners are responsible for partnership affairs. |
|
|
Private law |
A person's "first law", being that sphere of the law which governs his or her relationships with fellow human beings. |
|
|
A legal subject is the bearer of... |
...rights, duties and capacities. |
|
|
Name two classes of legal subjects recognised in South African law. |
The natural person and the juristic person. |
|
|
Is a monstrum regarded as a legal subject in our law today? |
Yes, any form of human life is today regarded as a legal subject. |
|
|
Is a partnership regarded as a juristic person in our law? |
No, a partnership is not regarded as a juristic person. |
