10660938
Descrição
FlashCards por Bianca Taljaard, atualizado more than 1 year ago
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Criado por Bianca Taljaard
aproximadamente 7 anos atrás
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| Questão | Responda |
| 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 |
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