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Summary Capacity, Status and Factors

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A summary of: Capacity, Status and Factors Notes from Law of Persons (LAWS1013A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.

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  • February 27, 2023
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Capacity, Status and Factors
Created @August 2, 2022 10:30 AM

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Persons Lecture Notes_The Relationship between Status Capacity and
Materials the Factors that Influence them 2022.pdf

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Capacity, status and relative factors are interlinked




Capacity
determines what legal subjects can do.



1. Passive legal capacity

to have legal rights and duties

the law automatically gives a person passive legal capacity



2. Capacity to perform juristic acts

Voluntary human acts that have legal consequences

the ability for a person to actively change their legal position

expressions of will

contracts → signed by an adult man who is mentally sound → understand the legal
implications of his acts and therefore has the capacity to perform juristic acts




Capacity, Status and Factors 1

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