Summary
Summary status
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In the summary of status in the law of persons, this summary is simple, and easily understood by adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.
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By: liezelsmit • 6 year ago
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DOMICILEThe choice of domicile INSOLVENCY
changes A persons status
Persons “standing in law”
In private law most important FACTORS that determine status are: INTOXICATION
YOUTH/
MINOR- age PRODIGALITY
Majority changes BIRTH OUTSIDE PHYSICAL ILLNESS MENTAL ILLNESS
status
MARRIAGE OR INCAPACITY OR INCAPACITY
Something void of rights/ duties (obligations) = legal object.
Juristic Act, only considered ‘active” if the law has an attaching consequence to the
person through an intent of declaration
Legal capacity is therefore is:
LEGAL CAPACITY CAPACITY TO ACT CAPACITY TO LITAGATE CAPACITY TO BE HELD
Rights & duties define a legal To perform valid juristic acts Enforce his/ her rights ACCOUNTABLE FOR
subject in which rights/ duties are AKA- LOCUS IN STANDI DELICT/ CRIME
either acquired/ disposed of LUDICIO
EVERYONE has capacity to Persons can obtain rights & Involves the right to sue/ be AGE & MENTAL CAPACITY-
have RIGHTS & DUTIES duties BUT also dispose of sued- therefore the ability to determining factors if person
them appear in court (locus standi in can be held liable
ludicio)
Begins @ birth ends Capacity to act refers to a Enforce rights & duties Fault= DOLUS (intent) and
terminates @ death person being able to enter into personally CUPLA (negligence)
JURISTIC ACTS- therefore
person understands
CONSEQUENCES associated
with actions
Not the same / equal for Based on INTELLECTUAL DOLI CAPAX- the ABLILITY to
individuals- such as a infans DEVELOPMENT-some ppl do commit the crime
has NO LEGAL CAPACITY. not have/ able to have such
E.G infans cannot marry, capacity such as MINORS or
therefore infans cannot have MENTALLY ILL persons.
rights that arise from a Therefore placing no validity
marriarge on their expression on will
LIMITED capacity to act exists NOTE: MENTALLY ILL/ INFANS CULPEA CAPAX- having the
for individual over 7 YEARS are said to lack the ability to ability to be accountable &
OLD. UNDER 18 are limited litigate independently but distinguish between right and
because they are considered DON’T lack the capacity wrong & act in accordance
not mature enough altogether with appreciation
STATUS STATUS
NATURAL PERSON JURISTIC PERSON
• Acquired on birth • Dependent on natural person-
• Capacity to act & litigate cannot breathe on its own
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