PVL1501 - Law Of Persons Latest Summary Notes. Definition of the law of persons
Law and Rights
Legal Subject and Legal Object
• Part of PRIVATE LAW
Determines:
• Which entities are LEGAL SUBJECTS
• When LEGAL PERSONALITY BEGINS and ENDS
• What LEGAL STATUS involves
• What EFFECT v...
, THE CONCEPT OF LEGAL SUBJECT Legal Subject and Legal Object DIFFERENT
• LEGAL SUBJECT: any ENTITY that can have RIGHTS, DUTIES and CAPACITIES 1. NATURAL PE
Definition of the law of persons • All HUMAN
• LEGAL CAPACITY: Ability to have RIGHTS, DUTIES and CAPACITIES
• Part of PRIVATE LAW • LEGAL OBJECT: any OBJECT which has ECONOMIC VALUE age, mental
Determines: legal subjec
1. CORPOREAL THINGS • Humans = N
• Which entities are LEGAL SUBJECTS
• Separate, TANGIBLE items • Monstra = c
• When LEGAL PERSONALITY BEGINS and ENDS
• Susceptible for human control and are of value to people malformed
• What LEGAL STATUS involves
• Right to a thing = REAL RIGHT
• What EFFECT various factors have on person’s LEGAL STATUS 2. JURISTIC PER
• Example: right of ownership (car, house)
• Associations
Law and Rights 2. PERFORMANCE granted = ju
• Human Act by which something is done or not done • Enjoys a leg
LAW: • PERSONAL RIGHT or a claim its members
1. Objective sense: • ex: if you sell you car to Mr A, Mr A has a personal right to performance • Associations
• System of norms / conduct or rules by you or Mr A has a claim against you and GENERAL EN
• To regulate relations between members of the community • You have a personal right to performance by Mr A. Mr A must pay for the companies,
• Concerned with LAW in objective sense car corporation
• EXAMPLE: driving a car without a driver’s license • Associations
3. PERSONALITY PROPERTY
2. Subjective sense SEPARATE L
• PERSON’S PERSONALITY
• Network of relationships amongst legal subjects state organi
• PERSONAL RIGHT
• Concerned with RIGHTS or LAW in subjective sense (SABC)
• Person’s rights to a GOOD NAME, HONOUR, etc
• EXAMPLE: concluding a contract with someone, the person has • COMMON L
a right to fulfilment of the contractual obligations 4. IMMATERIAL PROPERTY UNIVERSITA
RIGHTS: • COPYRIGHT / INTELLECTUAL PROPERTY - Association m
Concerned with DUAL Relationships • Artist’s right to his painting, inventor’s right to his inventions irrespective of
1. Legal relationship between BEARER OF RIGHTS and other - It must have
LEGAL SUBJECTS - Its object m
•. Subject-subject relationship REGISTRATION OF BIRTHS GAIN
•. Content: a right and corresponding obligation • Births and Deaths Registration Act 51 of 1992 says: the DIRECTOR- - Courts have
•. Bearer of right is entitled to the right against other legal GENERAL of Home Affairs must be notified of the birth legal person
subjects – who are obliged to respect that • Within 30 days of the child’s birth * churches, po
2. Legal relationship between BEARER OF RIGHTS and OBJECT • Duty to give notice rests on the child’s parents, or person in charge
OF THE RIGHT of the child
•. subject-object relationship • First name and last name for the child is required for registration (no
** Connection between LAW and RIGHT is** initials are accepted – e.g. LB Davies) Case: J
-. The norms of law determine how far the powers of the bearer • Child born from married parents take the surname of the parents
Departm
or rights extend , the content and limit of every right Constitutional
or a double barrel surname (joint mother’s and father’s surname)
result of artifi
• Child born from artificial fertilisation of a lesbian partner in same- life partner on
sex partnership takes the surname of the birth mother or partner or born as a resu
BEGINNING AND END OF LEGAL PERSONALITY combined double-barrel surname
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