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LPF Semester 1 Lecture Notes and Practice Questions
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PVL1008H : LPFWEEK 1
Lecture 1
● Legal capacity
● Legal persons-who and what?
● Capable of holding rights and duties.
● Everyone has the right to recognition as a person before the law- Article 6,
Universal Declaration of Human Rights
➔ “[a slave was] treated as a commodity-and not a person”-Paul
Finkelman
➔ Legal personhood was taken away; instead deemed as property.
➔ Law can be used as a tool of oppression
● William Blackstone (1723-1780)- the wife loses her separate personhood in
the context of marriage.
● Corporation- treated as a person
● Right of nature to exist-nature has inherent rights; indigenous persons at the
front of this.
● How do natural persons become legal persons?-flesh and blood.
Lecture 2 and 3
How do we, as natural persons, become legal persons?
● When you are born alive.
● Legal personhood=ability to have rights and duties
What constitutes a live birth?
1. Complete separation between mother and baby
2. Baby must have “lived” after birth
Problem question=A baby is born and dies 2 hours later, was the baby considered
“lived”?- Yes, any sign of life qualifies for live birth.
● Relevant in cases of succession.
● Being born alive gives you the importance of a legal person.
Rights and Duties
1. Real rights to tangible property (enforceable against the whole world)
, 2. Personal rights (eg created rights to performance by contract-enforceable
against the other party to the contract)
3. Personality rights to aspects of personality (eg privacy; bodily integrity;
reputation- enforceable against the whole world)
4. Constitutional human rights
● Can a corporation have a real right?
-Yes, they can own stuff- have a right over property
● Can a university have personal rights?
Personal rights-can enter into a contract with another company.
Legal persons have rights and duties…
● Once you have been considered a legal person you must then have the
capacity to achieve those rights.
● Legal capacity= what a person is capable of doing in terms of the law.
● Passive legal capacity vs active legal capacity
Passive legal capacity
● Ability to have rights and duties
● Exists by default
Active legal capacity
1. Capacity to perform juristic acts (eg enter into contracts, get married,
transfer ownership of property)
2. Capacity to be held accountable for wrongdoing (crimes and delicts)
3. Capacity to litigate (to be able to sue or be sued)
How do we know if someone has active legal capacity?
● We look at their status
Statuses affecting capacity at common law:
● Age (minors)
● Mental illness or disability
● Marriage in community of property
, WEEK 2
Lecture 4
Mental illness or disability
● Certified persons: may have capacity to act if in FACT they were not mentally
ill when the juristic act took place.
● Uncertified persons: may be deemed to have no capacity if in FACT they were
mentally ill when the juristic act took place.
Minority
● Infants: 0-6
-irrebuttable presumption that infants can not perform juristic acts
● Minors: 7-18
-limited capacity… they can do things if they have a guardian’s ASSISTANCE
Active legal capacity
● Capacity to perform juristic acts- “Juristic acts are purposeful lawful acts to
which the law attaches the consequences envisaged by the party or parties
who performed them. Juristic acts create, amend and terminate rights and
duties.”
-Capacity to acquire and alienate ownership
-Capacity to incur contractual liability
-Capacity to get married
-Capacity to consent to medical treatment
Ownership
● Abstract system of transfer=ownership operates independently of any contract
● Real rights vs personal rights
● Can have invalidity in the property of ownership-you have to be the owner to
give permission
REQUIREMENTS FOR VALID TRANSFER OF OWNERSHIP:
1. Person who transfers ownership must be the owner (nemo plus rule)
2. Delivery of the thing (or registration of immovables)
3. Real agreement (i.e. causa-the intention to actually transfer ownership not just
hire or lend)
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