PVL1501 SUMMARY NOTES PRESCRIBED BOOK.

PVL1501 SUMMARY NOTES PRESCRIBED BOOK. THE CONCEPT OF LEGAL SUBJECT 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 various factors have on person’s LEGAL STATUS LAW: 1. Objective sense: • System of norms / conduct or rules • To regulate relations between members of the community • Concerned with LAW in objective sense • EXAMPLE: driving a car without a driver’s license 2. Subjective sense • Network of relationships amongst legal subjects • Concerned with RIGHTS or LAW in subjective sense • EXAMPLE: concluding a contract with someone, the person has a right to fulfilment of the contractual obligations RIGHTS: Concerned with DUAL Relationships 1. Legal relationship between BEARER OF RIGHTS and other LEGAL SUBJECTS •. Subject-subject relationship •. Content: a right and corresponding obligation •. Bearer of right is entitled to the right against other legal subjects – who are obliged to respect that 2. Legal relationship between BEARER OF RIGHTS and OBJECT OF THE RIGHT •. subject-object relationship ** Connection between LAW and RIGHT is** -. The norms of law determine how far the powers of the bearer or rights extend , the content and limit of every right • LEGAL SUBJECT: any ENTITY that can have RIGHTS, DUTIES and CAPACITIES • LEGAL CAPACITY: Ability to have RIGHTS, DUTIES and CAPACITIES • LEGAL OBJECT: any OBJECT which has ECONOMIC VALUE 1. CORPOREAL THINGS • Separate, TANGIBLE items • Susceptible for human control and are of value to people • Right to a thing = REAL RIGHT • Example: right of ownership (car, house) 2. PERFORMANCE • Human Act by which something is done or not done • PERSONAL RIGHT or a claim • ex: if you sell you car to Mr A, Mr A has a personal right to performance by you or Mr A has a claim against you and • You have a personal right to performance by Mr A. Mr A must pay for the car 3. PERSONALITY PROPERTY • PERSON’S PERSONALITY • PERSONAL RIGHT • Person’s rights to a GOOD NAME, HONOUR, etc 4. IMMATERIAL PROPERTY • COPYRIGHT / INTELLECTUAL PROPERTY • Artist’s right to his painting, inventor’s right to his inventions DIFFERENT KINDS OF LEGAL SUBJECTS 1. NATURAL PERSON • All HUMAN BEINGS (irrespective of their age, mental capacity, intellectual ability) = legal subjects • Humans = NATURAL PERSONS • Monstra = children born seriously malformed (Roman-Dutch law) 2. JURISTIC PERSON • Associations to which legal personality is granted = juristic person • Enjoys a legal existence independent from its members • Associations incorporated in terms of GENERAL ENABLING LEGISLATION: companies, banks, mutual banks, close corporations and co-operatives • Associations created as juristic person in SEPARATE LEGISLATION: universities, semistate organisations, public corporations (SABC) • COMMON LAW, such entities are known as UNIVERSITATES, requirements are: - Association must have continuous existence irrespective of members that may vary - It must have rights, duties and capacities - Its object must not be the acquisition of GAIN - Courts have held that the following have legal personality: * churches, political party, trade union