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
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 EFT, credit card or Stuvia-credit 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller DoctorReinhad. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R59,64. You're not tied to anything after your purchase.
