Law of Persons PVL 1501 Questions Answers 2024/2025

Law of Persons PVL 1501 Questions Answers 2024/2025 General concepts - ANSWER-nie n vraag Agreement: - 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: - 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: - ANSWER-The capacity to appear in court as a party to a suit. Contract: - ANSWER-An agreement entered into with the intention of creating an obligation or obligations. Curator: - 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 venturis 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: - 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: - 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 specie c connotations that will be dealt with in the module on the law of delict. In short, this term sign es the infringement of a right (subjective reg) or the non-fullment of a legal duty. Enrichment: - ANSWER-Unjust 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: - 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. Exceptions non adimpleti contractus: - ANSWER-A defense 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: - 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: - 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: - ANSWER-The capacity to have rights and duties. Legal (or juristic) fact: - ANSWER-A fact to which the law attaches consequences. Legal object: - ANSWER-Anything in respect of which a legal subject may have rights, duties and capacities. Legal (or juristic) personality: - ANSWER-The attribute of having rights, duties and capacities in the eyes of the law. Legal subject: - 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: - 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: - 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: - 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: - ANSWER-The administering of another's affairs to his or her advantage, but without his or her knowledge. Obligation: - 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: - ANSWER-Human conduct which may consist of either doing or not doing something. An obligation consists of a duty to render performance. Continues...