2211869
Descrição
Mapa Mental por Michaela Warrin, atualizado more than 1 year ago
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Criado por Michaela Warrin
aproximadamente 9 anos atrás
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Law of persons
- Part of objective law
- Regulates
- End of legal subject
- Death
- Death
- Private law status
- Coming into being
- Legal subjectivity
- begins
- Birth
- Common law
- Application
- Requirements
- Completion of birth
- Sign of life
- Completion of birth
- Viability
- Application
- Statutory law
- Criminal Procedure Act
- Application
- Requirement
- Application
- Birth and Death
registration Act
- Application
- Requirement
- Application
- Criminal Procedure Act
- Common law
- Birth
- begins
- Legal subjectivity
- End of legal subject
- subdivided
- Public law
- legal rules that apply
when the state acts
with state authority
- legal rules that apply
when the state acts
with state authority
- Private law
- Collection of legal rules
that apply to a variety of
legal relationships in which
the acting legal subject in
the relationship is called a
person
- Collection of legal rules
that apply to a variety of
legal relationships in which
the acting legal subject in
the relationship is called a
person
- Public law
- Regulates
- Law in
- Objective sense
- positive law
- Describe norms and
rules that prescribe the
conduct of persons
- positive law
- Subjective sense
- network of legal
relationships among legal
subjects
- dealing with rights
- relationships
- between
- bearer of rights and other legal subjects
- subject-subject
- subject-subject
- bearer of rights and object of the rights
- subject-object
- subject-object
- bearer of rights and other legal subjects
- between
- network of legal
relationships among legal
subjects
- Objective sense
- Legal subject v legal object
- legal subject
- an entity that can have right, duties and capacities
- types
- natural person
- Germanic & Roman law
- slaves
- legal objects
- abolished 1834
- legal objects
- slaves
- Roman & RDL
- severely malformed children
- so malformed - did not have the human form and mind
- killed by magistrates permission
- killed by magistrates permission
- so malformed - did not have the human form and mind
- severely malformed children
- Germanic & Roman law
- Juristic person
- community or association of people
that, according to the law, has an
independent right of existence
- Features
- existence independent of members
- can be bearer of capacities, rights and obligations just like a natural person
- must act through its functionaries
- existence independent of members
- Types
- Associations established in separate legislation
- only with the permission of the government
- government has extensive interest -
existence and capacity to act as a legal
subject is regulated in separate legislation
- Eskom, SABC, Universities
- government has extensive interest -
existence and capacity to act as a legal
subject is regulated in separate legislation
- only with the permission of the government
- Associations incorporated in terms of special or enabling legislation
- permission of the state is not required
- nature of association will determine under
which legislation the association must
register
- permission of the state is not required
- Associations that comply with the CL requirement for the establishment of a juristic person
- not dependent on government intervention
- universitates at CL
- Requirements
- organisation must remain in
existence irrespective of its
members
- must function as bearer of
rights, duties and capacities
distinct of the rights, duties and
capacities of its members
- object of the entity may
not be the acquisition of
the gain
- courts have held - following
have legal personality
- church
- political party
- trade union
- church
- organisation must remain in
existence irrespective of its
members
- not dependent on government intervention
- Associations established in separate legislation
- community or association of people
that, according to the law, has an
independent right of existence
- natural person
- an entity that can have right, duties and capacities
- legal object
- object upon which the law
has not conferred the
capacity to have rights,
duties and capacities
- something in respect
of which a legal subject
can have rights, duties
and responsibilities
- categories
- Corporeal things
- any tangible thing outside the
person that is susceptible to
human control and of value to
people
- real right
- any tangible thing outside the
person that is susceptible to
human control and of value to
people
- immaterial Property
- thought of by a person
- product of human intellect
- idea or thought process
- product of human intellect
- immaterial property right
- thought of by a person
- Personality property
- aspect of a person's own personality
- good name
and dignity
- good name
and dignity
- personality right
- aspect of a person's own personality
- Performance
- act by which something is
given (dare), done (facere)
or not done (non facere)
- delivery by the seller of the thing sold
- payment of an amount owing by the
debtor
- delivery by the seller of the thing sold
- personal right/claim
- act by which something is
given (dare), done (facere)
or not done (non facere)
- Personal immaterial property
- earning capacity
- credit-worthinesss
- earning capacity
- trade secrets
- Corporeal things
- object upon which the law
has not conferred the
capacity to have rights,
duties and capacities
- legal subject
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