

Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
PSR110 (Chap 1) Questions and Answers 100% Correct
Typology: Exams
1 / 3
This page cannot be seen from the preview
Don't miss anything!
Private Law - answer Involves weighing and demarcating the interests of individuals or persons. Properties of private law - answer-law of persons -family law -property law -law of personality Public law - answer revolves around the state in its authoritative capacity Law of persons - answer part of objective law that regulates the coming into being of private law status and the coming to an end of natural persons or legal subject. objective law - answer also known as national law , it is the norm complex or a system of legal rules. Juristic capacities - answerincludes: -legal capacity -capacity to act -capacity to litigate Determines a persons standing or status in legal intercourse. Subjective law - answerconcerns itself with regulations of relations between legal subjects. demarcrate - answerthe actin of fixing bounds or limits Subject-object relationship - answerA claim or relationship that a legal subject has to a legal object. Subject-subject relationship - answerOther individuals acknowledging the existance of a subject-object relationship. Categories of legal objects(4) - answer-real (corporeal) things -acts and performance -intellectual property -personality property Real right - answerthe subjective right a person has to do a thing. Personal right - answerthe subjective right to claim a thing
Intellectual property right - answera subjective right to patents or trademarks. Personality right - answerRight to personality property. e.g. reputation. Legal subject - answer-the bearer of juristic capacities, subject rights and legal duties. ONLY PEOPLE AND ASSOCIATIONS OF PEOPLE CAN BE RECOGNIZED AS LEGAL SUBJECTS. Natural persons - answer- one of two categories of legal subjects -every person is a legal subject Juristic person - answer-Social entities (associations of people) who have independent right of existence. -These entities have juristic capacities, subjective rights and legal obligations. Juristic person(social entity ) categories - answer-Associations established by the state and regulated by statute e.g. SABC -controlled(not necessarily established) by the state and appropriate statute. centered around profit. e.g. banks -No control by state but common law states its a juristic person. e.g.Church groups 3rd category of juristic person formalities(description) - answer- perpetual succession -be bearer of its own rights and duties -have a pre-determined goal Legal subjectivity - answeractivity of being a legal subject in legal intercourse. Custom - answer-some cultures practice burying their loved ones with their belongings, thus implying that they maintain legal subjectivity in death. Status - answer-Sum total of a legal subject's capacity. -refers to subject's standing in the legal system -indicates individual's role and function in the law Legal capacity - answer-juristic capacity that allows one with legal subjectivity to hold offices as a legal person. -no person can be without legal subjectivity, although their legal capacity can be limited according to their status.