Law Of Persons JLPV101 an der Nelson Mandela Metropolitan University | Karteikarten & Zusammenfassungen

Lernmaterialien für Law Of Persons JLPV101 an der Nelson Mandela Metropolitan University

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TESTE DEIN WISSEN
Legal object 
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TESTE DEIN WISSEN
Anything which has economic value for people. (1)

Does not have rights and duties (1)

E.g. car, house, animals. 
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TESTE DEIN WISSEN
Requirements that need be complied with at birth for legal subjectivity to begin? 
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TESTE DEIN WISSEN
Legal personality conferred on child being Bron alive, therefore legal personality begins at birth. (1)

Requirments: 
- Birth must be fully complete, complete separation between body of mother and foetus no connection or umbilical cord (1) 
- Child must be alive after separation even if only for a short period, evidence needed (1)

Criminal Procedure Act provides that a child is deemed to have been born alive if it has breathed, proved by means of a hydrostatic test (1)

Viability is not a requirement of SA law (child need not have reached such a stage of development that an existence independent of the mother's body is possible). (1)
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TESTE DEIN WISSEN
Legal subject
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TESTE DEIN WISSEN
Any entity or being capable of having rights, duties and capacities, a being on which the law confers legal personality. (1)

Can be natural or juristic persons. (1)

E.g. human beings, companies. 
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TESTE DEIN WISSEN
Application of nasciturus fiction with regard to intestate succession, ie where there is no valid will left by the deceased. 
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TESTE DEIN WISSEN

Nasciturus fiction when a benefit would have accrued to the foetus had it already been born alive, then the legal situation will be kept in abeyance until such a time the foetus is born. 

Provides for that the division of the estate is postponed until the birth of the child and rights of the child in terms of intestate succession are kept in abeyance provided certain requirements are met.


Requirements of nasciturus fiction:
✔️ to the advantage of the child
✔️ conceived at time benefit accrued
✔️ subsequently be born alive
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TESTE DEIN WISSEN
Four categories of legal objects 
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TESTE DEIN WISSEN
Corporeal (real right - car) 

Performance (personal right - contract) 

Personality property ("" - dignity) 

Immaterial property ("" - copyright) 

Lösung ausblenden
TESTE DEIN WISSEN
Application of nasciturus fiction with regard to prenatal injuries suffered by the foetus as a result of the culpable act of a 3rd party
Lösung anzeigen
TESTE DEIN WISSEN
Until 2005 nasciturus fiction was used to claim for prenatal injuries suffered by a foetus as a result of a 3rd party.

Authority Pinchin v Santam Insurance Co Ltd.  a pregnant woman was seriously inured and foetus was born with cerabal paulsy.

Father claimed damages (medical expenses) and satisfaction. For infringement of the child's personality rights. 

The nasciturus fiction was extended to apply to the field of delict.

Therefore a child does have an action to recover damages for prenatal injury. 

In the Road Accident Fun v Mtati case a foetus was born with brain damage and mental disability.  Court held it was not necessary to extend nasciturus fiction in the field of the law of delict. 

The ordinary rules of delict can be used to recover damages for prenatal injury. 
Lösung ausblenden
TESTE DEIN WISSEN
Consent with regard to termination of pregnancy 
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TESTE DEIN WISSEN
Regulated by s5 of the Choice of Termination of Pregnancy Act 92 of 1996.

Only informed consent of the pregnant woman is required for termination. 

Not required to consult with parents. 

Held in Christian Lawyers Association v The Minister of Health that s11 of the constitution does not confer the right to life to a foetus. 

Chrifzgian League of Southern Africa v Rall held that foetus is not a legal subject and therefore does have a right to life. 

The constitution does not qualify the woman's right to make ddcivjzon about reproductions in terms of s12(2)(1)
Lösung ausblenden
TESTE DEIN WISSEN
Define immaterial property 
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TESTE DEIN WISSEN
Incorporeal creation of the mind. 

The corresponding right to an Immaterial object. 

- an authors right to her book
- an artists right to her painting 
- an inventories right to her invention 
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TESTE DEIN WISSEN

Is a partnership regarded as a juristic person in our law?

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TESTE DEIN WISSEN

No, a partnership is not regarded as a juristic person (Heaton p 4).

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TESTE DEIN WISSEN

Name the entities that are recognised as juristic persons in our law

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TESTE DEIN WISSEN

Our law recognises the following entities as juristic persons:
(a) Associations incorporated in terms of general enabling legislation;
banks, for example, are juristic persons.
(b) Associations especially created and recognised as juristic persons in
separate legislation; universities, for example, are juristic persons.
(c) Associations which comply with the common-law requirements for the
recognition of the legal personality of a juristic person. The common-
law requirements are that the association must have a continuous ex-
istence irrespective of the fact that its members may vary; it must have
rights, duties and capacities or be able to have rights, duties and ca-
pacities; and its object must not be the acquisition of gain (Heaton p 4).
The Society for the Prevention of Cruelty to Animals (SPCA) and the Treatment Action Campaign (TAC) are examples of associations like
these.

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TESTE DEIN WISSEN

Is a monstrum regarded as a legal subject in our law today?

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TESTE DEIN WISSEN

Yes, any form of human life is today regarded as a legal subject (Heaton p 3).

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TESTE DEIN WISSEN

what is the law?

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TESTE DEIN WISSEN

•• law is a system of rules (however, not all systems of rules are law);
•• the rules are recognised by the state (not religion, science, or sporting codes);
•• the rules are meant to control human actions (in relation to society, things,
the environment);
•• he rules are enforceable.

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Beispielhafte Karteikarten für deinen Law Of Persons JLPV101 Kurs an der Nelson Mandela Metropolitan University - von Kommilitonen auf StudySmarter erstellt!

Q:
Legal object 
A:
Anything which has economic value for people. (1)

Does not have rights and duties (1)

E.g. car, house, animals. 
Q:
Requirements that need be complied with at birth for legal subjectivity to begin? 
A:
Legal personality conferred on child being Bron alive, therefore legal personality begins at birth. (1)

Requirments: 
- Birth must be fully complete, complete separation between body of mother and foetus no connection or umbilical cord (1) 
- Child must be alive after separation even if only for a short period, evidence needed (1)

Criminal Procedure Act provides that a child is deemed to have been born alive if it has breathed, proved by means of a hydrostatic test (1)

Viability is not a requirement of SA law (child need not have reached such a stage of development that an existence independent of the mother's body is possible). (1)
Q:
Legal subject
A:
Any entity or being capable of having rights, duties and capacities, a being on which the law confers legal personality. (1)

Can be natural or juristic persons. (1)

E.g. human beings, companies. 
Q:
Application of nasciturus fiction with regard to intestate succession, ie where there is no valid will left by the deceased. 
A:

Nasciturus fiction when a benefit would have accrued to the foetus had it already been born alive, then the legal situation will be kept in abeyance until such a time the foetus is born. 

Provides for that the division of the estate is postponed until the birth of the child and rights of the child in terms of intestate succession are kept in abeyance provided certain requirements are met.


Requirements of nasciturus fiction:
✔️ to the advantage of the child
✔️ conceived at time benefit accrued
✔️ subsequently be born alive
Q:
Four categories of legal objects 
A:
Corporeal (real right - car) 

Performance (personal right - contract) 

Personality property ("" - dignity) 

Immaterial property ("" - copyright) 

Mehr Karteikarten anzeigen
Q:
Application of nasciturus fiction with regard to prenatal injuries suffered by the foetus as a result of the culpable act of a 3rd party
A:
Until 2005 nasciturus fiction was used to claim for prenatal injuries suffered by a foetus as a result of a 3rd party.

Authority Pinchin v Santam Insurance Co Ltd.  a pregnant woman was seriously inured and foetus was born with cerabal paulsy.

Father claimed damages (medical expenses) and satisfaction. For infringement of the child's personality rights. 

The nasciturus fiction was extended to apply to the field of delict.

Therefore a child does have an action to recover damages for prenatal injury. 

In the Road Accident Fun v Mtati case a foetus was born with brain damage and mental disability.  Court held it was not necessary to extend nasciturus fiction in the field of the law of delict. 

The ordinary rules of delict can be used to recover damages for prenatal injury. 
Q:
Consent with regard to termination of pregnancy 
A:
Regulated by s5 of the Choice of Termination of Pregnancy Act 92 of 1996.

Only informed consent of the pregnant woman is required for termination. 

Not required to consult with parents. 

Held in Christian Lawyers Association v The Minister of Health that s11 of the constitution does not confer the right to life to a foetus. 

Chrifzgian League of Southern Africa v Rall held that foetus is not a legal subject and therefore does have a right to life. 

The constitution does not qualify the woman's right to make ddcivjzon about reproductions in terms of s12(2)(1)
Q:
Define immaterial property 
A:
Incorporeal creation of the mind. 

The corresponding right to an Immaterial object. 

- an authors right to her book
- an artists right to her painting 
- an inventories right to her invention 
Q:

Is a partnership regarded as a juristic person in our law?

A:

No, a partnership is not regarded as a juristic person (Heaton p 4).

Q:

Name the entities that are recognised as juristic persons in our law

A:

Our law recognises the following entities as juristic persons:
(a) Associations incorporated in terms of general enabling legislation;
banks, for example, are juristic persons.
(b) Associations especially created and recognised as juristic persons in
separate legislation; universities, for example, are juristic persons.
(c) Associations which comply with the common-law requirements for the
recognition of the legal personality of a juristic person. The common-
law requirements are that the association must have a continuous ex-
istence irrespective of the fact that its members may vary; it must have
rights, duties and capacities or be able to have rights, duties and ca-
pacities; and its object must not be the acquisition of gain (Heaton p 4).
The Society for the Prevention of Cruelty to Animals (SPCA) and the Treatment Action Campaign (TAC) are examples of associations like
these.

Q:

Is a monstrum regarded as a legal subject in our law today?

A:

Yes, any form of human life is today regarded as a legal subject (Heaton p 3).

Q:

what is the law?

A:

•• law is a system of rules (however, not all systems of rules are law);
•• the rules are recognised by the state (not religion, science, or sporting codes);
•• the rules are meant to control human actions (in relation to society, things,
the environment);
•• he rules are enforceable.

Law Of Persons JLPV101

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