Unit 1 Flashcards
(23 cards)
Legal Subject
An entity recognized by law as having the ability to hold rights, bear duties ad possess capabilities.
Subject-Subject Relationship
The content of the relationship is a right and the bearer of the right-corresponding- is entitled to the right against other legal subjects.
Subject-Object Relationship
The legal relationship between the bearer of the right and the object of the right.
Connection between LAWS and RIGHTS
The Law determines the content and limit of every right.
Legal Personality
Conferred by law to make an entity a legal subject . Grants legal capacity.
Examples: Natural Persons(humans), Juristic Persons(companies, trust).
Legal Objects
Anything that legal subjects can have rights to, have duties regarding, and have capacities in relation to.
Characteristics of Legal Objects.
No legal capacity- cant have rights, duties etc.
Exist solely for legal subjects to control or deal with them.
Examples: animals, furniture, vehicles etc.
Relationship between legal subjects and legal objects.
Legal subjects interact with legal objects to acquire rights, duties, and capacities. Legal relationships exist between legal subjects in relations to legal objects.
Corporeal Things (Legal Objects)
Separate, tangible items that can be controlled by humans and hold value.
Right: Real rights (ownership of a car/house)
Performance (Legal Object)
A human act involving doing or not doing something.
Right: Personal Rights (or claims) between individuals.
Example: Agreement of selling car by X to Y. The rights of X to receive R100- performance by Y.
Personality Property (Legal Objects)
Rights related to aspects of a persons personality.
Right: Personality Traits.
Examples: Good name, Reputation, honour
Intellectual Property (Legal Object)
Incorporeal objects resulting from intellectual activity, existing independently of the creator.
Right: Protection of creations of the mind under intellectual property laws.
Examples: Copyright, Trademarks, Patents, Designs.
Natural Persons
all human beings being recognized as legal subjects in SA law. Every human has rights, duties and capacities.
Juristic Person (Artificial Person)
Legal subjects created by associations of natural persons. They are granted legal personality, making them independent entities with their own rights, duties, and capacities.
Key Features of a Juristic Person (Independent Existence)
exist separately from its members or creators.
Example: a company is distinct from its shareholders
Key Features of a Juristic Person ( Functionaries act on Behalf)
Juristic Persons act through their functionaries (officers & directors). The functionaries do not acquire personal rights or duties, these belong to the Juristic Person.
Example: A company can enter contracts, own property, or be sued as an entity.
Key features of Juristic Persons (Legal activities)
JP’s can 1) Bind themselves to contracts.
2)Own, lease or sell property.
3)Commit and be held liable for delicts or crimes.
4) sue or be sued in their own capacity.
Types of Juristic Persons (Associations Incorporated via General Legislation)
Companies: Registered under the Companies Act
Banks: Recognized under banking legislation.
Co-Operatives: Established for mutual benefits of member.
Types of Juristic Persons (Associations created via Specific Legislation)
State Owned Enterprises: Such as Eskom, Telkom, SABC
Public Entities =: Universities and other statutory bodies.
Types of Juristic Persons (Common-Law Universitates)
Recognized Requirements under Common law:
Continuos Existence: exist independenty of changes in members.
Example: A political party continues even without the members that leave.
Independent Rights and Duties: association must have its own legal rights, duties, and capacities, separate from individual members
Examples: a church can own property in its own name.
Non profit objective: the primary goal cannot be financial gain.
Not Juristic Persons (TRUSTS)
Does not have legal personality. Trustees hold property for beneficiaries but act in their personal capacity.
Not Juristic Person (Partnerships)
Partnerships lack separate legal personality.
Partners would be personally liable for debts using private funds.
