PVL1501 – Law of Persons | Exam Pack, Solved
Assignments & Summary Notes (UNISA & SA
Universities 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 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: - 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.
,PVL1501 – Law of Persons | Exam Pack, Solved
Assignments & Summary Notes (UNISA & SA
Universities 2024/2025)
''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: - 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: - 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: - 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: - 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.
, PVL1501 – Law of Persons | Exam Pack, Solved
Assignments & Summary Notes (UNISA & SA
Universities 2024/2025)
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
Assignments & Summary Notes (UNISA & SA
Universities 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 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: - 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.
,PVL1501 – Law of Persons | Exam Pack, Solved
Assignments & Summary Notes (UNISA & SA
Universities 2024/2025)
''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: - 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: - 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: - 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: - 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.
, PVL1501 – Law of Persons | Exam Pack, Solved
Assignments & Summary Notes (UNISA & SA
Universities 2024/2025)
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
