Family Law Ordinary Scots Law Course.
Legal Personality, Introduction to child law and the international dimension, age and legal capacity, children and parents, parental responsibilities and parental rights in action, other aspect of PRR's, Looked after and accomodated children, Childrens hearings...
L1 Legal Personality
Thursday, 27 August 2020
13:52
A. Personality in general
Families are abstract + evolve
What is personality?
Quality, character or fact of being a person as distinct from an animal, thing or abstraction, the quality
which makes a human being
The capacity for being the subject of rights and duties recognised by law
Divided into two areas: natural persons and juristic persons
Natural persons?
People with certain rights and subject to duties under the law
Rights and duties under the law
Only legal person have standing in courts access to legal process, able to hold +
enforce rights, can be sued (subject to legal duties)
Legal Persons:
Not confined to natural living persons also includes other entities with 'legal
personalities' ("artificial" or "juristic" persons)
o Juristic persons
Includes those incorporate or under statute (limited companies) or by royal charter
(RBS or BBC), or custom and usage (faculty of advocates)
B. Natural Persons
Knight v Wedderburn (1778) M 14545
1766 john Wedderburn bought knight while in Jamaica
Knight employed as slave age 13
Wedderburn returned to Scotland and knight came too
Knight married and wanted to move to Dundee then went to JP which
decided knight retained as slave
Knight appealed to JP court and Wedderburn still one - retained as slave
1975 knight brought case before court of session; court opinion - slavery
inhumane and unchristian not recognized and inconsistent with law
Declaration that slaves not allowed in Scotland (yet still continued for at
least 20 years)
V turns into against
Modern slavery Scottish gov;
The Human Trafficking and Exploitation (Scotland) Act 2015
Section (1) human trafficking; recruitment, transportation, harboring or
exchange of any person with view of that person being exploited
Relevant whether or not person consents to actions
Sections (4) slavery, servitude or forced or compulsory servitude by one
person upon another
All human beings are natural persons
Only human beings ??
Yes only human beings with natural and legal personality and only humans subject to legal
rights and duties
During slavery some humans werent classed as natural persons; just persons
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nataliefowler. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
