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Lecture notes study book The Law of Persons in South Africa of - ISBN: 9780190750633 (notes to help, lol)
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Summary The Law of Persons in South Africa, ISBN: 9780190750633 PVL1501 - Law Of Persons
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An Intro to the Law of Persons and a definition of conceptsA definition of concepts:
The Law of Persons = The part of private law that regulates the way in which
legal subjectivity begins and ends, which classes of legal subjects are
distinguished and the legal status of each of these different classes of persons.
Legal Subjectivity = who qualifies as a legal subject and what a legal subject
is legally able to do, for example:
o Conclude a contract
o Draw up a will
o Enter into a marriage contract
o Purchase property as an individual or a company
Law in the objective and subjective sense:
The Law of Persons as a discipline forms part of the objective law. The objective
law is also called positive law and can simply be described as the norms and rules
that prescribe the conduct of persons.
o for example – prescriptions that determine that a car must be driven on the
left side of the road.
*It is important not to confuse the objective law with the law in a subjective sense*
A subjective right can be described as the claim that a legal subject has on a legal
subject.
Here we are concerned with two relationships:
- The legal relationship between the bearer of the right and other legal
subjects. This is the subject – subject relationship. The legal subjects right
exists against all other legal subjects, and they are obliged to respect it.
- The relationship between the bearer of the right and the object of the right.
This is the subject – object relationship. After all, a right makes sense only
if it relates to an object.
SUBJECT SUBJECT
OBJECT
There are diverse ways in which the objective law can be subdivided. One such
manner of subdivision is to distinguish between private law and public law:
- Public Law broadly deals with those legal rules that apply when the state
acts with state authority
- Private Law is a collection of legal rules that applies to a certain of legal
relationships in which the acting legal subject in the relationship is called
a person.
, Legal Subject and Legal object:
Legal Subject = A legal subject is an entity that can have rights, duties and
capacities. The law confers legal subjectivity on legal subjects. Legal subjectivity
refers to the characteristic of being a legal subject in legal interaction.
Legal Object = A legal object is anything in respect of which a legal subject may
have rights, duties and capacities and which cannot participate in legal
interaction.
In conclusion:
A legal subject is a person and that to which a legal
subject has a claim is a legal object. A legal object is
typically something with economic value in the sense
that it is relatively scarce. The term ‘relative’ generally
refers to the relationship between supply and demand –
something has economic value if the supply, therefore, is
scarce in comparison with the demand.
Four categories of legal objects are usually distinguished, namely corporeal thing,
immaterial property, personality property and performance. The particular
subjective right to which the legal subject is entitled depends on the legal object
concerned.
Legal Object Subjective Right
Corporeal thing Real right
Immaterial property Immaterial property right
Personality property Personality right
Performance Personal right
Corporeal things
A corporeal thing is any tangible thing outside the person that is susceptible to
human control and of value to people
The right to a thing is called a real right. A practical example of a real right is the
right of ownership one has in respect of one’s residential stand.
Immaterial Property
These are immaterial products of the human mind; things that were, for example,
thought of by a person and are not corporeal.
The right to immaterial property (also referred to as “intellectual property”) is
called an immaterial property right. Practiced examples of immaterial property
rights are an artist’s right to his/her painting and an inventors right to his/her
invention.
Personality Property
Personality property is an aspects of a person’s own personality. Examples of
these objectitves are the integrity of a person’s body, his/her good name and
dignity.
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