summary of minors contractual liability in the law of persons- chapter of Minority, easy simply understood summary with adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.
What are Law Connection btw law and right= law determines powers
(content) and limitations of the right
& Rights
Subject- Subject relationship.
Legal relationship between bearer of right &
OBJECTIVE SENSE SUBJECTIVE SENSE other legal subjects.
System of norms Network legal
which govern and
Content of relationship= right and
relationships
control human amongst legal
corresponding obligation.
behavior. subjects.
E.g.: we fulfill our Eg. You conclude Subject- Object relationship.
contract, we don’t contract- you need
Legal relationship between bearer of right &
cause damage, we to meet obligations
driver with a valid legal object
in contract- dual
drivers license relationship One has a right to their car (object) all
other legal subject need to respect this
right.
Legal They have- rights, duties & capacities.
EG: HUMAN BEING/ ENTITITY (juristic person).
Subject If it has legal personality by law it is a legal subject.
& legal Legal subjects control and deal with legal objects- therefore they acquire rights,
objects deities and capacities against other legal subjects in relation to these legal objects
Legal object= is anything which has 1.Corporeal
economic value & the law has NOT things
conferred rights, duties & capacities to Separate, tangible
THEREFORE… they have no capacity to things
act/ litigate Susceptible to human
control- have
Legal economic value to
ppl.
Personality Right to a thing= real
Is capability to right
have legal rights 4. Intellectual
duties and 3. Personality
property 2. Performance
capacities Incorporeal things property
within a legal Performance= human act of
Intangible creation on Personality property
system doing something/ not doing
human mind, relates to parts of a
We need Legal something.
Copy right, trademark. persons personality.
Right to performance =
Personality to Value is based on Right to personality is
personal right.
have legal scarcity. Object right is personality right.
capacity. product of human Good name,
intellect reputation…
, Legal
subjects
These are either natural/ juristic persons
NATURAL PEOPLE- (THAT’S US!)
• SA law all humans are legal subjects regardless of age, intellectual,
physical ability!
• We all have rights, duties & capacities BUT content of these may be
limited depending on factors such as mental capacity & age.
• To distinguish humans from other legal subjects we are referred to as
NATURAL PERSONS.
JURISTIC (ARTIFICAL) PERSON (THAT’S who pays us!)
• Associations created by natural persons. The new legal entity is created
by natural persons, & is given legal personality, therefore becoming a
legal subject= Juristic person.
• Juristic person enjoys legal existence independent from the members/
natural persons who created it.
(i.e. directors of company act on behalf of the juristic person)
BUT
when functionaries act on behalf of the juristic person- it is the juristic
person who acquires the right duties & capacities and not the
functionaries!!!
OUR LAW RECOGNISES THE FOLLOWING ENTITIES AS
JURISTIC PERSONS:
1. Associations incorporated in terms of general enabling legislation-
companies, banks, co-operatives.
2. Associations created & recognized as juristic person in separate
legislation- public corporations (SABC), semi state organizations,
universities.
3. Associations which comply with common law requirements for
recognition of legal personality for juristic person. Universitas
Universitas must comply with the following to be recognized!
• Continuous existence irrespective of varying members
• Rights duties and capacities separate from persons who created it.
• Object must not be acquisition of gain Trust/ partnership
not juristic person.
COURTS RULED- churches, political party & trade unions have legal personality
Therefore individ.
according to Universitas requirements. Persons responsible
for debt out pvt
funds.
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