WELCOME TO THE LAW OF PERSONS

LPSN 1514/LPSN 1512

WELCOME TO THE LAW OF PERSONS
LECTURER:
Ms. RP Senokoane
LECTURE TIMES AND VENUES:
Tuesday: Online 16:10
Wednesday: Online 16:10
Friday: Online 15:10
CONSULTATION HOURS: 9H00-16H30 MON-FRI
EMAIL: SenokoaneRP@ufs.ac.za
TELEPHONE: 0514019223
 PRESCRIBED STUDY MATERIAL

The prescribed textbook in this module is

Robinson et al. Introduction to the South African
Law of Persons. Third Edition. This book must
be purchased.
 NB! ONLINE ASSESSMENTSONLY 2 ONLINE ASSESSMENTS MUST BE
COMPLETED FOR THE FINAL MARK: BUT I ADVISE YOU TO COMPLETE ALL.
20% OF FINAL MARK (FM)

1 April 2021 (CHAPTERS 1 AND 2) (Online Assessment 1)

13 April 2021 (CHAPTERS 3; 4 and 5) (Online Assessment 2)
4 May 2021 (CHAPTER 6) (Online Assessment 3)
1 June 2021 (TEST!!! CHAPTER 1-10)(40% of FM)
22 June 2021 (CHAPTER 7; 8; 9 AND 10) (Online Assessment
4)
28 June 2021 (ASSIGNMENT)(40% of FM)
NB: MAIN TEST40% OF FM
COMPLETED ONLINE 1 JUNE 2021

CHAPTER 1-10
NB: ASSIGNMENT
40% OF FM
SUBMISSION DATE: 28 JUNE 2021
CHAPTER 1-10
INTRODUCTION
The law of persons as a discipline forms part of the OBJECTIVE LAW.
The objective law is also called POSITIVE LAW
POSITVE LAW and OBJECTIVE LAW ARE SYNONYMS - are the national laws of
the country.
The norms and prescriptions that determine, for example:
that a car must drive on the left hand side of the road,
that one person may not unlawfully attack another and
how a contract or a marriage must be concluded.
The Positive law/Objective can be subdivided into PUBLIC LAW and PRIVATE
LAW.
PUBLIC LAW: Broadly deals with those legal rules which are applicable when
the government acts with state authority i.e. criminal cases.
PRIVATE LAW: Is a collection of legal rules that apply to a variety of legal
relationships in which the acting person in the relationship is called a person or
legal subject
Examples of such relationships include, for
example:
the relationship between contracting parties,
the relationship between testator and heir,
the family law relationship between spouses.
the relationship between the owner of an object and
third parties,
and the company law relationship between the
directors of a company and its shareholders,
In all of these relationships, the acting person in
the relationship is called a PERSON or a LEGAL
SUBJECT.
In all of these relationships, persons in the legal
technical sense of the word, play the central role.
Therefore, when a person concludes a contract,
enters into a marriage, executes a will or acts with
his or her object, it is said that he or she is
PARTICIPATING IN LEGAL INTERCOURSE.
 NB: The law of persons:
NB! NB! NB! The law of persons can be defined as:
That part of the objective law/or positive law that
regulates the coming into existence, the private law
status and the coming to an end of a legal subjects or a
natural person.
(PART 1) That part of the objective law/POSITIVE LAW
(PART 2) That regulates the coming into existence,
(PART 3) Private law status and
(PART 2) Coming to an end of a natural person /legal
subject.
 PART 1: That part of the objective law:
This aspect makes it clear that the law of persons must be studied within
the law of South Africa as a whole. It cannot and may not be studied
independently of the other disciplines within the objective law.
It consists of rules or norms that regulate the conduct of legal subjects.
Characteristics of such rules or legal prescriptions are that
they can be derived from legal principles and
are positivised (transformed) into valid legal rules
by an organ of state with the authority to lay down legal rules. (WHO IS
THIS?)
Such norms typically only apply for a certain time and within a certain
area (jurisdiction).
They are aimed at regulating to society.
 NB: The law of persons:
NB! NB! NB! The law of persons can be defined as:
That part of the objective law/or positive law that
regulates the coming into existence, the private law
status and the coming to an end of a legal subjects or a
natural person.
(PART 1) That part of the objective law/POSITIVE LAW
(PART 2) That regulates the coming into existence,
(PART 3) Private law status and
(PART 2) Coming to an end of a natural person /legal
subject.
PART 2: coming into existence … coming to an end of
a legal subject
In this part of the definition, three aspects come to
the fore,
Namely:
QUESTION 1:Who/What is a legal subject? ANSWER: CHAPTER 1 AND 4
QUESTION 2:When does he or she or it come into existence ANSWER: CHAPTER 2
QUESTION 3:When does he or she or it come to an end? ANSWER: CHAPTER 3
It must still be remembered that the terms legal
subject and person are, in essence, synonyms.
 QUESTION 1: WHO OR WHAT IS A LEGAL SUBJECT
NB: Legal subject or person is typically described as the carrier of juridical
competencies, subjective rights and capacities
There are two categories of legal subjects that can take part therein. NATURAL
PERSONS and JURISTIC PERSONS.
Some of the acts can be performed by natural persons (people),
for example:
executing a will,
concluding a contract or
entering into a marriage,
While others can be performed by a company, which is not a natural person, but a
legal person/ Juristic Person.
We can therefore distinguish between natural persons and legal persons.
Both are legal subjects in the sense that they possess the characteristic that they can take
part in legal intercourse as subjects and not legal objects. (LEGAL SUBJECTIVITY)
The Law of Persons studies legal subjectivity and the status of natural persons,
While the legal subjectivity and status of legal persons is studied in the law of legal
persons.
Natural persons
In South African law, all persons are legal subjects, irrespective
of how physically deformed or mentally deficient they may be –
every person is granted legal competencies, subjective rights and
capacities.
There are indications that slaves and severely deformed persons
were not legal subjects, but legal objects in Roman law. This is,
however, definitely no longer the position in South African law.
Slavery was abolished in the Cape in 1834 and in Tjollo Ateljees
Edms Bpk v Small the Supreme Court of Appeal confirmed,
obiter dictum, that the Roman law rule relating to severely
deformed persons never formed part of South African law.
Juristic persons
A juristic person is a carrier of juridical capacities,
competencies and subjective rights, is a community
or an association of people that, as an entity is
something more that the sum of its members.
SELF STUDY: In Webber & Co Ltd v Northern
Rifles, the following definition of a legal person,
which is today still accepted as authorative, was
given:
In Webber & Co Ltd v Northern Rifles, the following definition of a legal person, which is today still accepted as
authorative, was given:
 
An universitas personarum in Roman-Dutch law is … an aggregation of individuals forming a persona or entity,
having the capacity of acquiring rights and incurring obligations to a great extent as a human being. An
universitas is distinguished from a mere association of individuals by the fact that it is an entity distinct from the
individual forming it, that its capacity to acquire rights or incur obligations is distinct from that of its members,
which are acquired or incurred for the body as a whole, and not for the individual members.
Amongst the most important rights appertaining to an universitas is the right to acquire and hold property. It
continues to exist though the individual members comprising it change, so long as one member remains in
whom the rights of the universitas can vest. … It has what is sometime termed perpetual succession. … The
main characteristics of an universitas, therefore, are the capacity to acquire certain rights as apart from the
rights of the individuals forming it, and perpetual succession.
1908 TS 462 op 464-465.
 NB: The law of persons:
NB! NB! NB! The law of persons can be defined as:
That part of the objective law/or positive law that
regulates the coming into existence, the private law
status and the coming to an end of a legal subjects or a
natural person.
(PART 1) That part of the objective law/POSITIVE LAW
(PART 2) That regulates the coming into existence,
(PART 3) Private law status and
(PART 2) Coming to an end of a natural person /legal
subject.
(PART 3) private law status:
Definition of a legal subject:
Carrier of Juridical competencies
(Part 1),
Subjective rights(Part 3) and
Capacities(Part 2)
 Private Law Status….:
This has to do with the status of a person. The word
'status' is derived from the Latin word stare which
means standing.
In the juridical sense, status refers to a legal
subject's standing in the legal world;
that is the position of the legal subject in the legal
world or
the role that a person plays in legal intercourse,
or the functions of the person in his or her
capacity as legal subject.
(PART 3) private law status:
Definition of a legal subject:
Carrier of Juridical competencies
(Part 1),
Subjective rights(Part 3) and
Capacities(Part 2)
 PART 1: COMPETENCE
THIS RELATES TO THE ABILITY TO PARTICIPATE
IN LEGAL TRAFFIC.COMPETENCE IS
INFLUENCED BY STATUS DETERMINING
FACTORS, FOR EXAMPLE:DOMICILE CH.5, AGE
CH.6, BIRTH CH.7, MENTAL CAPACITY CH.8,
INSOLVENCY CH.9 AND PRODIGALITY CH.10
(PART 3) private law status:
Definition of a legal subject:
Carrier of Juridical competencies
(Part 1),
Subjective rights(Part 3) and
Capacities(Part 2)
PART 2.1: LEGAL CAPACITY

THIS REFERS TO THE COMPETENCE TO BE A LEGAL SUBJECT IN

LEGAL TRAFFIC.
IT INCLUDES THE COMPETENCE TO: FILL THE POSITIONS OF A LEGAL
SUBJECT I.E. A SPOUSE, A TESTATOR, OR A CONTRACTANT
HAVE ALL THE RIGHTS AND OBLIGATIONS FLOWING FROM ABOVE
ALL PEOPLE HAVE LEGAL CAPACITY BUT IT MAY BE LIMITED by status
determining factors, for example:Domicile ch.5, age CH.6, birth ch.7, mental
capacity ch.8, insolvency ch.9 and prodigality ch.10
PART 2.2: CAPACITY TO ACT

THIS IS THE CAPACITY TO PERFORM LEGAL ACTS.

THE ACTS MUST BE LEGAL TO HAVE LEGAL CONSEQUENCE
IT THEREFORE REFERS TO ACTS THAT ARE RECONCILABLE
WITH LEGAL PRESCRIPTIONS
 PART 2.3: CAPACITY TO LITIGATE

REFERS TO THE COMPETENCE TO LITIGATE AS A PLAINTIFF, DEFENDANT,

APPLICANT OR RESPODENT.
LATIN PHRASE: LOCUS STANDI IN IUDICIO
MAY ALSO BE LIMITED TO CERTAIN DEGREES
(PART 3) private law status:
Definition of a legal subject:
Carrier of Juridical competencies
(Part 1),
Subjective rights(Part 3) and
Capacities(Part 2)
PART 3: SUBJECTIVE RIGHTS.
FOOTNOTE 5 OF THE TEXTBOOK
A subjective right can be described as the claim which a legal subject has to a legal object. A legal object
is typically something with economic value in the sense that it is relatively scarce.
FOUR categories of legal objects are usually distinguished and the subjective right in respect of the legal
object to which the legal subject is entitled is normally referred to in terms of the nature of the
subjective right:

1. corporeal thing. This is any material thing outside of the person, for example an animal, pen,
house, car etc; REAL RIGHT
2. immaterial property. These are immaterial products of the human mind; things that were for
example thought of by a person and are not corporeal, for example, patents, the thought-content
of a book, a trademark etc; IMMATERIAL PROPERTY RIGHT
3. personality property. This is an aspect of a person's own personality, for example the integrity
of a person's body, his or her good name and dignity; and PERSONALITY RIGHT
performance. This is an act by somebody else that can take the form of dare, facere of non facere.
(to give, to do or not to do.) PERSONAL RIGHT
The subjective right to a corporeal thing, is
called a real right;
The subjective right to immaterial property
is called an immaterial property right;
The subjective right to personality property
is a personality right; and
The subjective right to performance is a
personal right
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