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Law of Persons PVL 1501 Flashcards _ 100- SURE ANSWERS.pdf
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8/4/24, 3:04 PMLaw of Persons PVL 1501
Jeremiah
Terms in this set (88)
General concepts nie n vraag
Conscious meeting of minds (consensus ad idem) between two or more persons. An
Agreement:
agreement creating obligations is known as a contract.
The capacity to perform valid juristic acts.
Capacity to act: Capacity to litigate: The capacity to appear in court as a party to a
suit.
The capacity to appear in court as a party to a
Capacity to litigate:
suit.
Contract: An agreement entered into with the intention of creating an obligation or obligations.
A person who manages another person's affairs on behalf of the latter because he or
she is not capable of doing so. A curator ventris acts, in general, on behalf of an unborn
Curator: child,
A curator ad litem acts on behalf of another only for the purposes of litigation and a
curator bonis administers another's property.
The amount which a person can claim as compensation for actual patrimonial loss he or
Damages: she has suffered as a consequence of delict or breach of contract. See also
''reparation'' infra.
A delict is a wrongful and intentional or negligent act as a consequence of which
another suffers a loss.
Delict:
''Wrongful'' is a term with speci c connotations that will be dealt with in the module on
the law of delict. In short, this term signi es the infringement of a right (subjektiewe reg)
or the non-ful lment of a legal duty.
Unjusti ed enrichment occurs when one person obtains a patrimonial bene t at the
Enrichment:
expense of another without a valid legal ground existing for the transfer of the benefit.
The doctrine that provides that if someone culpably represents that a certain state of
Estoppel: affairs exists, and another person acts to his or her own disadvantage in consequence
of such a representation, the deceiver is precluded from raising the true facts.
A defence which a party to a reciprocal contract may, under certain circumstances,
Law of Persons PVL 1501
Exceptio non adimpleti contractus: employ against the other party when the latter sues the former on the contract and the
latter himself or herself has not performed or tendered performance.
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A human act to which the law attaches at least some of the consequences desired by
the party or parties performing the act.
The distinction between a void and a voidable juristic act is important. A void juristic act
is void ab initio and devoid of all legal consequences. The position is simply as if the
Juristic act: juristic act had never taken place. A voidable juristic act, on the other hand, is valid and
has all the usual legal consequences until it is nulli ed or set aside (e.g. by a party to the
contract or a third party). It differs from a valid juristic act in that it has some or other
defect that might lead to its nulli cation, but does not render the juristic act void from
the outset.
The law of intestate succession determines how and on whom a person's estate
devolves when he or she dies without a valid will. The law of testate succession
Law of succession:
determines how and on whom a person's estate devolves when the testator has left a
valid will.
Legal capacity: The capacity to have rights and duties.
A fact to which the law attaches
Legal (or juristic) fact:
consequences.
Legal object: Anything in respect of which a legal subject may have rights, duties and capacities.
Legal (or juristic) personality: The attribute of having rights, duties and capacities in the eyes of the law.
A person or entity that can have rights, duties and capacities. A legal subject is a
Legal subject: member of the legal community to whom the law applies and for whose bene t the law
exists. Legal personality is the capacity of being a legal subject.
A person is legally liable if a performance which is due as a result of inter alia a contract
Liability:
or delict can be legally enforced against him or her.
While the first two concepts indicate only whether a person is older or younger than 18
Majors and minors and mondig and
years, the last two concepts indicate whether or not a person is legally regarded as
onmondig:
being capable of conducting his or her own affairs.
A child born of married parents is a child who is born of parents who are legally
married to each other at the time of the
Child born of married parents and child child's conception or birth or at any intervening time. Marriage includes civil, customary
born of unmarried parents: and religious marriages as well as civil unions. If a child's parents are not parties to a
valid marriage or civil union with each other at the time of the child's conception or
birth or at any intervening time, the child is a child born of unmarried parents.
The administering of another's affairs to his or her advantage, but without his or her
Negotiorum gestio:
knowledge.
A juristic bond in terms of which, on the one hand, one person has a right to a
performance and, on the other hand, another person has a duty to render
Obligation:
performance. A civil obligation is legally enforceable while a natural obligation is
unenforceable.
Human conduct which may consist of either doing or not doing something. An
Performance:
obligation consists of a duty to render performance.
An assumption made by the law on the basis of the available facts. An irrebuttable
presumption cannot be rebutted by proving facts to the contrary - in such a case the
Presumption: ''presumption'' is actually a legal rule which states that a certain acceptance must be
made by the law if certain facts are proved to exist. A rebuttable presumption is an
acceptance which is made but which can be rebutted by proving the contrary.
A putative marriage is a void marriage in which one or both of the parties to the
marriage are bona de unaware of the defect invalidating the marriage. As long as one
Putative marriage: or both of the parties remain bona de unaware of the fact that the marriage is in fact
invalid, the putative marriage has the legal consequences of a valid marriage.
Law of Persons PVL 1501
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