Law of Persons PVL 1501 Comprehensive Actual Exam Questions And Answers Guaranteed Pass.

General concepts - correct answer nie n vraag Agreement: - correct answer Conscious meeting of minds (consensus ad idem) between two or more persons. An agreement creating obligations is known as a contract. Capacity to act: - correct answer The capacity to perform valid juristic acts. Capacity to litigate: The capacity to appear in court as a party to a suit. Capacity to litigate: - correct answer The capacity to appear in court as a party to a suit. Contract: - correct answer An agreement entered into with the intention of creating an obligation or obligations. Curator: - correct answer A person who manages another person's affairs on behalf of the latter because he or she is not capable of doing so. A curator ventris acts, in general, on behalf of an unborn child, A curator ad litem acts on behalf of another only for the purposes of litigation and a curator bonis administers another's property. Damages: - correct answer The amount which a person can claim as compensation for actual patrimonial loss he or she has suffered as a consequence of delict or breach of contract. See also ''reparation'' infra. Delict: - correct answer A delict is a wrongful and intentional or negligent act as a consequence of which another suffers a loss. ''Wrongful'' is a term with speci c connotations that will be dealt with in the module on the law of delict. In short, this term signi es the infringement of a right (subjektiewe reg) or the non-ful lment of a legal duty. Enrichment: - correct answer Unjusti ed enrichment occurs when one person obtains a patrimonial bene t at the expense of another without a valid legal ground existing for the transfer of the benefit. Estoppel: - correct answer The doctrine that provides that if someone culpably represents that a certain state of affairs exists, and another person acts to his or her own disadvantage in consequence of such a representation, the deceiver is precluded from raising the true facts. Exceptio non adimpleti contractus: - correct answer A defence which a party to a reciprocal contract may, under certain circumstances, employ against the other party when the latter sues the former on the contract and the latter himself or herself has not performed or tendered performance. Juristic act: - correct answer A human act to which the law attaches at least some of the consequences desired by the party or parties performing the act. The distinction between a void and a voidable juristic act is important. A void juristic act is void ab initio and devoid of all legal consequences. The position is simply as if the juristic act had never taken place. A voidable juristic act, on the other hand, is valid and has all the usual legal consequences until it is nulli ed or set aside (e.g. by a party to the contract or a third party). It differs from a valid juristic act in that it has some or other defect that might lead to its nulli cation, but does not render the juristic act void from the outset. Law of succession: - correct answer The law of intestate succession determines how and on whom a person's estate devolves when he or she dies without a valid will. The law of testate succession determines how and on whom a person's estate devolves when the testator has left a valid will. Legal capacity: - correct answer The capacity to have rights and duties. Legal (or juristic) fact: - correct answer A fact to which the law attaches consequences. Legal object: - correct answer Anything in respect of which a legal subject may have rights, duties and capacities. Legal (or juristic) personality: - correct answer The attribute of having rights, duties and capacities in the eyes of the law. Legal subject: - correct answer A person or entity that can have rights, duties and capacities. A legal subject is a member of the legal community to whom the law applies and for whose bene t the law exists. Legal personality is the capacity of being a legal subject. Liability: - correct answer A person is legally liable if a performance which is due as a result of inter alia a contract or delict can be legally enforced against him or her. Majors and minors and mondig and onmondig: - correct answer While the first two concepts indicate only whether a person is older or younger than 18 years, the last two concepts indicate whether or not a person is legally regarded as being capable of conducting his or her own affairs. Child born of married parents and child born of unmarried parents: - correct answer A child born of married parents is a child who is born of parents who are legally married to each other at the time of the child's conception or birth or at any intervening time. Marriage includes civil, customary and religious marriages as well as civil unions. If a child's parents are not parties to a valid marriage or civil union with each other at the time of the child's conception or birth or at any intervening time, the child is a child born of unmarried parents. Negotiorum gestio: - correct answer The administering of another's affairs to his or her advantage, but without his or her knowledge. Obligation: - correct answer A juristic bond in terms of which, on the one hand, one person has a right to a performance and, on the other hand, another person has a duty to render performance. A civil obligation is legally enforceable while a natural obligation is unenforceable. Performance: - correct answer Human conduct which may consist of either doing or not doing something. An obligation consists of a duty to render performance. Presumption: - correct answer An assumption made by the law on the basis of the available facts. An irrebuttable presumption cannot be rebutted by proving facts to the contrary - in such a case the ''presumption'' is actually a legal rule which states that a certain acceptance must be made by the law if certain facts are proved to exist. A rebuttable presumption is an acceptance which is made but which can be rebutted by proving the contrary. Putative marriage: - correct answer A putative marriage is a void marriage in which one or both of the parties to the marriage are bona de unaware of the defect invalidating the marriage. As long as one or both of the parties remain bona de unaware of the fact that the marriage is in fact invalid, the putative marriage has the legal consequences of a valid marriage. Rati cation: - correct answer That behaviour (tacit or express) whereby an error in a juristic act is rectified so that it acquires full validity retrospectively. Reparation (genoegdoening, solatium, satisfaction): - correct answer Compensation which a person may claim in regard to non-patrimonial loss that he or she has suffered as a result of a delict. The word ''damages'' is often used both in the sense of patrimonial and non-patrimonial loss. The distinction is nevertheless very important since different rules apply in regard to recovery of the two types of loss. See also ''damages'' supra. Restitutio in integrum: - correct answer A legal remedy by means of which the former position is restored, that is the return of whatever has been performed in terms of a contract. study unit 2 - correct answer Explain what Law of persons is? - correct answer Private law must be grasped before going on to the next law. Law of Persons is a subsection of private law therefore it is a person's "first law". It is a law that governs his or her relationships with fellow human beings. Concepts and institutions are being encountered which are basic to all the other branches of the study of law The law of persons determines which beings are legal subjects how legal subjects originates and comes to an end what legal status involves what effect various factors have on a person's legal status Explain what the different kinds of legal subjects are? - correct answer Members of the community are the legal subjects to whom the law applies and for whom the benefit exists= they are the hub of the law, since the relations between them are governed by the law.======= A person is a legal subject in the eye of the law: The legal subject can be the owner of a farm, enter into contracts, inherit or marry, must pay taxes, may not commit a crime, et cetera. Name the two classes of legal subjects recognized in SA law? - correct answer Natural and juristic persons natural person - correct answer All human beings irrespective of their age, mental capacity and intellectual ability are recognized as legal subjects Juristic person - correct answer enjoys legal existence independent from that of its members or the natural persons who created it Associations incorporated: banks, companies, close corporations, and co-operatives Associations especially created and recognized as juristic persons ins separate legislation: universities, semi-state organizations such as the SABC Associations which comply with the common-law requirements for the recognition legal personality of a juristic person. must have continuous existence irrespective of the fact that its members may vary, it must have rights, duties and capacities or be able to have rights, duties and capacities and its objects must not be the acquisition of gain A trust is not a juristic person nor a partnership, individual partners are responsible for partnership debts out of private funds Law - correct answer system of norms of conduct or rules by competent bodies to regulate relations between members of the community in a peaceful and just manner name the two classes of subjects recognized in SA? - correct answer Natural persons and juristic Is a Monstrum regarded as a legal subject in our law today? - correct answer yes, any form of human life is regarded as a legal subject is a partnership regarded as a jusistic person in our law? - correct answer no, it is not Study unit 4.2 : Registration of births - correct answer Heaton p 8-12 (lees deur) Study unit 5 - correct answer Interests of the unborn child - correct answer The nasciturus fiction nasciturus - correct answer conceived but unborn ch