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Law of Persons PVL 1501 Exam Bank Solution Manual Already Passed

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Law of Persons PVL 1501 Exam Bank Solution Manual Already Passed General concepts - Answers nie n vraag Agreement: - Answers Conscious meeting of minds (consensus ad idem) between two or more persons. An agreement creating obligations is known as a contract. Capacity to act: - Answers The capac...

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  • October 24, 2024
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  • Law of Persons PVL 1501 Exm sol
  • Law of Persons PVL 1501 Exm sol
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Law of Persons PVL 1501 Exam Bank Solution Manual Already Passed

General concepts - Answers nie n vraag

Agreement: - Answers Conscious meeting of minds (consensus ad idem) between two or more persons.
An agreement creating obligations is known as a contract.

Capacity to act: - Answers The capacity to perform valid juristic acts.

Capacity to litigate: The capacity to appear in court as a party to a

suit.

Capacity to litigate: - Answers The capacity to appear in court as a party to a

suit.

Contract: - Answers An agreement entered into with the intention of creating an obligation or
obligations.

Curator: - Answers A person who manages another person's affairs on behalf of the latter because he or
she is not capable of doing so. A curator ventris acts, in general, on behalf of an unborn child,

A curator ad litem acts on behalf of another only for the purposes of litigation and a curator bonis
administers another's property.

Damages: - Answers The amount which a person can claim as compensation for actual patrimonial loss
he or she has suffered as a consequence of delict or breach of contract. See also ''reparation'' infra.

Delict: - Answers A delict is a wrongful and intentional or negligent act as a consequence of which
another suffers a loss.



''Wrongful'' is a term with speci c connotations that will be dealt with in the module on the law of delict.
In short, this term signi es the infringement of a right (subjektiewe reg) or the non-ful lment of a legal
duty.

Enrichment: - Answers Unjusti ed enrichment occurs when one person obtains a patrimonial bene t at
the expense of another without a valid legal ground existing for the transfer of the benefit.

Estoppel: - Answers The doctrine that provides that if someone culpably represents that a certain state
of affairs exists, and another person acts to his or her own disadvantage in consequence of such a
representation, the deceiver is precluded from raising the true facts.

Exceptio non adimpleti contractus: - Answers A defence which a party to a reciprocal contract may,
under certain circumstances, employ against the other party when the latter sues the former on the
contract and the latter himself or herself has not performed or tendered performance.

, Juristic act: - Answers A human act to which the law attaches at least some of the consequences desired
by the party or parties performing the act.

The distinction between a void and a voidable juristic act is important. A void juristic act is void ab initio
and devoid of all legal consequences. The position is simply as if the juristic act had never taken place. A
voidable juristic act, on the other hand, is valid and has all the usual legal consequences until it is nulli ed
or set aside (e.g. by a party to the contract or a third party). It differs from a valid juristic act in that it has
some or other defect that might lead to its nulli cation, but does not render the juristic act void from the
outset.

Law of succession: - Answers The law of intestate succession determines how and on whom a person's
estate devolves when he or she dies without a valid will. The law of testate succession determines how
and on whom a person's estate devolves when the testator has left a valid will.

Legal capacity: - Answers The capacity to have rights and duties.

Legal (or juristic) fact: - Answers A fact to which the law attaches

consequences.

Legal object: - Answers Anything in respect of which a legal subject may have rights, duties and
capacities.

Legal (or juristic) personality: - Answers The attribute of having rights, duties and capacities in the eyes
of the law.

Legal subject: - Answers A person or entity that can have rights, duties and capacities. A legal subject is a
member of the legal community to whom the law applies and for whose bene t the law exists. Legal
personality is the capacity of being a legal subject.

Liability: - Answers A person is legally liable if a performance which is due as a result of inter alia a
contract or delict can be legally enforced against him or her.

Majors and minors and mondig and onmondig: - Answers While the first two concepts indicate only
whether a person is older or younger than 18 years, the last two concepts indicate whether or not a
person is legally regarded as being capable of conducting his or her own affairs.

Child born of married parents and child born of unmarried parents: - Answers A child born of married
parents is a child who is born of parents who are legally married to each other at the time of the

child's conception or birth or at any intervening time. Marriage includes civil, customary and religious
marriages as well as civil unions. If a child's parents are not parties to a valid marriage or civil union with
each other at the time of the child's conception or birth or at any intervening time, the child is a child
born of unmarried parents.

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