Chapter 1 Law of Persons

Sources of Law in South Africa

Includes the Constitution, Legislation (Statutes), Common Law, Customary Law, and Case Law.

Law of Persons

Regulates the coming into being, private law status, and the termination of a natural person/legal subject.

Private Law

Involves weighing and demarcating the interests of individuals/persons.

Legal Subject

The bearer of juristic capacities, subjective rights, and legal duties.

Natural Persons

Every living person is considered a legal subject in South African private law.

Juristic Persons

Social entities or associations with independent rights, recognized as legal subjects.

Legal Capacity

The juristic capacity that enables an individual to hold offices as a legal subject.

Capacity to Act

The juristic capacity to enter into legal transactions.

Capacity to Litigate

The juristic capacity to act as a plaintiff, defendant, appellant, or respondent in legal actions.

Judicial Notice

Acceptance of a well-known and indisputable fact by a court without requiring proof.

Subject-Object Relationship

The relationship between a legal subject and a legal object.

Subject-Subject Relationship

The relationship between legal subjects regarding their rights and duties.

Customary Law

Traditional customs and usages observed amongst indigenous African people forming part of South Africa's legal framework.

Status

The sum total of a legal subject's capacities in the legal system.

Differentiation in Law of Persons

Distinguishing between groups based on factors like age, justified by maturity in specific cases.

Bill of Rights

The cornerstone of democracy in South Africa, enshrining the fundamental rights of all people.

Vertical Effect

The relationship between the state and the individual in respect to the law.

Horizontal Effect

The relationship between individuals inter se under the law.

Capacity to Act for Minors

Limited; they can act with assistance from parents/guardians.

Customary Marriage

Marriage recognized under customary law, bound by the parties' agreement to customary practices.