Summary
Summary Age Affecting Status
- Course
- Institution
From Infans to Majority, all aspects pertains to age affecting one's status.
[Show more]
Seller
Follow
alessiamomo
Reviews received
Content preview
EFFECT OF AGE ON STATUS Age is one of the most important factors influencing a person’s status
Different ages have an influence on a person’s status in different areas of the law
Age is unique in that it has a continued effect on a person status (as opposed to mental
illness / drunkenness which only influences status for the duration of the relevant
condition)
CLASSIFICATION OF PERSONS ACCORDING TO AGE
A person’s juristic acts are dependent on his expression of will and therefore a person
should have capacity to act only if he is in possession of a reasonable will and judgement
This means that person must comprehend the nature, extent and consequences of these
acts before the law can confer capacity to act on him
A distinction between intellectual ability and ability to judge (ability to appreciate
properly the consequences of one’s conduct)
The law grants full capacity act only to those who are in possession of both
Whether or not a minor possesses the necessary judgement to manage his own affairs is
a question of fact
The law prescribes general age limits for the attainment of full capacity act to avoid
uncertainty and any impractical possibilities
Majority: 21yrs (full capacity). Refers to the lifetime of a person.
Minority: “mondigheid”/ “onmondigheid”: refers to whether or not a person is able to
manage his own affairs
Mondig person has already obtained full capacity to act, irrespective of whether it is
through marriage / by making an application to the courts to be declared a major
Onmondig person is under the age of 21yrs who is not yet obtained full capacity to act.
Therefore, always minor (under 21yrs) and this is ended by attaining majority
CHILDREN’S RIGHTS
In terms of South Africa’s ratification of the UN’s: International Convention on the
Rights of the Child (16 June 1995) and chapter 2 of the Constitution, a child enjoys the
general protection of his/her human rights
Both the Convention and the Constitution define children as persons under the age of
18yrs
s28, gives every child the right:
a. To a name and nationality from birth
b. To family care / parental care / appropriate alternative care where removed from
the family environment
c. To basic nutrition / shelter / basic healthcare services and social services
d. To be protected from maltreatment / neglect / abuse / degradation
e. To be protected from exploitative labour practices
f. Not be required or permitted to perform work / provide services that:
i. Are inappropriate for a person of that child’s age
ii. Place at risk the child’s well-being / education / physical or mental health /
spiritual or moral or social development
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller alessiamomo. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.28. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
62890 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now