Introduction to the science of law

Question	Answer
The term "law"	* Family relationships, - between consumer and trader, - employer and employee, - citizen and state, - all are affected by law in one way or another. * Purpose of legal science is to study and evaluate of the aforementioned relationships.
The term "law"	* THE LAW - refers to a system of rules which apply in a community * RIGHT - A right is any right which a legal subject has regarding a specific legal object and which is protected by law.
The meaning of law	* The most important division of law is between private law and public law. * Overlap can occur.
The meaning of law	* Public law consists of those legal rules which control the relationships between the state and its citizens * Private law consists of those legal rules which govern the relationship between citizens and their dealings with each other.
Subdivisions of private and public law	Public law: * International law * Constitutional law * Administrative law * Criminal law * Law of procedure
Subdivisions of private and public law	Private law: * The law of persons * Family law * Law of personality * Patrimonial law
Further category	Commercial/Mercantile law: Refers to those legal rules, which although of a divergent origin and nature, nevertheless have in common that arose from the customs of merchants or which relate to business activity
Commercial law:	Can be classified under commercial law: * Contracts of sale * Insolvency * Companies
legal subjects and legal objects:	Legal subject: A human being or entity subject to the law. a member of the community to whom the law applies and for those whose benefits the law exists. All legal subjects are called persons. - natural person and juristic person
a & b) Natural and juristic persons:	Natural persons: * Refers to a human being. Juristic persons: * Legal entities - companies, University, Municipality and the state.
Legal objects:	A legal object is any entity which can be the object of a legal subjects claim to a right. In general, property, intellectual property, aspects of personality and performances can be the objects of a legal subjects claim to a right
Subjective right:	* The relationship between a legal subject and a legal object, as well as between a legal subject amd other legal subjects, can be termed a right.
Private law:	The law of persons determines: * Who are legal subjects * How one becomes or ceases to be a legal subject * The various classes of legal subjects * What the legal position of each of these various classes of legal subjects is.
Acquiring ownership: Original methods a) Occupation	Oldest and most obvious method Occupation is called an original method of acquaring ownership because the new owner does not obtain the right of ownership from another, but establishes an original right of ownership.
Acquiring ownership b) Prescription	* A person can become the owner of property by means of prescription if he/she has possessed it openly as if he/she were its owner for an uninterupted period of thirty years.
Acquiring ownership: Derivative methods a) Movable property	Property that can be physically moved from one place to another. Item must first be delivered before contract is in working order. *Derivitave method because property is transferred and an original right is not established.
Acquiring ownership: Derivative methods b) Immovable property	Registration of the tranfer at a Deeds office is required. Seller transfers his or her right of ownership to the buyer.
The protection of ownership and of possession	Ownership is protected primarily by granting the owner the remedy known as the rei vindicatio Can reclaim her property whn someone wrongfully obtained it.
Servitudes:	* A limited real right over the property of another, which confers on the holder of the right specific ppowers to use the property in a particular way.
Praedial servitudes	* Servient tenement *Dominant tenemant
Personal servitude:	*Usufruct (life interest)
The law of intellectual property	*Copyrights, patents, Trademarks, good will, models
Delict	A delict is any unlawful culpable act whereby a person causes the other party damage or injury to personality, and whereby the prejudiced person is granted a right to damages or compensation depending on the circumstances.
Elements of a delict:	Act Unlawfulness Fault Causation Damage or impairment of personality

Next up

Introduction to the science of law

Description

Resource summary

Similar

	Created by Bianca Taljaard about 7 years ago