Class notes
All case laws you need for Clap012
- Course
- Law of personsI (CLAP011)
- Institution
- University Of Limpopo (UL)
This doc includes all the cases you need in order to obtain a distinction on the law of persons
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lOMoARcPSD|5553078LAW OF Persons Chapter 1-11
Law Of Persons (University of Limpopo)
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Law
Of
Persons
SUMMARY
1
Downloaded by Thabo Ratshikhopha (cliveratshikhopha@gmail.com)
, lOMoARcPSD|5553078
LAW OF PERSONS Chapter 1
Definition
Law of persons is that part of private law that determines which
entities have legal rights and capacities, when legal subjectivity
starts and ends, what legal status involves, what effect does
various factors such as being born of unmarried parents, minority
and mental incapacity have on a person’s legal status.
Private law
Private law is that area of law that governs the relationship between
two or more individuals. For instance, when a person concludes a
contract between himself or herself and the other party(s) that act is
part of private law for the state has no interest in it.
Entities
Entities are all formations that have right, duties and capacities. All
human being are regarded to be legal entities for they have rights,
duties and capacities.
Legal subject
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A legal subject is an entity upon which legal subjectivity is conferred.
A legal subject, therefore has rights duties and capacities under
which it must have the ability to understand its position as a legal
subject. A legal subject has ability to enter into juristic acts which may
give rise to legal consequences whereas legal objects cannot.
Legal object
Any object that has economic value and does not have legal
subjectivity and therefore it cannot enter into juristic acts.
Law and rights
A. Subject – Subject relationship
This concerns the legal relationship between the bearer of the
right and other legal subjects. This occurs when, for instance, a
person has bought a car and he or she has incurred the right to
own’’’’ership of the car. It is only the owner of the car that has right to
it and other persons are obliged to respect that right.
B. Subject – Object relationship
This concerns the relationship between the bearer of the right and
his or her legal object. A legal object can be anything that has the
value of money and it has capacity to owned by another person. A
subject – Object relationship entitles the bearer of the right to do
anything with his or her object because he or she owns it. For
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