Legal Subjects (1) Flashcards
(20 cards)
What is legal law?
The body of rules governing human conduct, recognised as binding by people and enforced by the State.
What are the two types of legal subjects in South African law?
- Natural persons
- Juristic persons
What are natural persons?
All human beings who have the capacity to bear rights and duties from birth until death.
What are juristic persons?
Non-living associations given the capacity for rights and duties by the law, such as corporations.
When does a juristic person lose its legal personality?
Upon deregistration.
What is the main purpose of law?
To maintain order and peace in the community.
What does justice refer to in the context of law?
The general sense of people as to what is fair and right.
What are the five requirements for law to be considered just?
- Reasonableness
- Generality
- Equality
- Certainty
- Due process
What does reasonableness mean in legal terms?
Legal rules must be reasonable to achieve justice.
What does generality mean in legal terms?
Legal rules must apply equally and consistently to all legal subjects.
What does equality mean in legal terms?
Legal rules must apply equally in similar circumstances.
What does certainty mean in legal terms?
The same result must be achieved if the circumstances are similar.
What is due process in the context of law?
An independent, unbiased judiciary must apply the law.
What is the law of obligations?
A branch of law that deals with personal rights.
What are the three categories of the law of obligations?
- Law of contract
- Law of delict
- Law of unjustifiable enrichment
What is a contract?
A binding agreement between two or more persons where one or both promises to give something, do something, or not do something.
What is a delict?
An intentional or negligent wrongful act that causes damage to property or injury to a person.
What does the law of unjustifiable enrichment concern?
Obtaining recovery or compensation for a benefit received without a valid cause.
Fill in the blank: The concept of _______ refers to the capacity for rights and duties given by law to non-living associations.
juristic persons
True or False: Legal personality of a natural person ends upon reaching adulthood.
False
