Legal Subjects Flashcards
(18 cards)
What is law?
Legal law is defined as 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 have the capacity to bear rights and duties from the time they are born alive. The legal personality ends on death.
What are juristic persons?
Non-living associations given the capacity for rights and duties by the law, such as corporations. They obtain legal personality upon formal registration.
What happens to a juristic person upon deregistration?
A juristic person loses its legal personality.
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 context?
Legal rules must be reasonable to achieve justice.
What does generality mean in legal context?
Legal rules must apply equally and consistently to all legal subjects.
What does equality mean in legal context?
Legal rules must apply equally in similar circumstances.
What does certainty mean in legal context?
The same result must be achieved if the circumstances are similar.
What does due process entail?
An independent, unbiased judiciary must apply the law.
What is the law of obligations?
This branch of law deals with personal rights and is divided into three categories.
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 by which one or both promise 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.
