Exam (elaborations)

PVL1501 EXAM PACK 2022

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Course
PVL1501 - Family Law (PVL1501)

Institution
University Of South Africa

PVL1501 EXAM PACK 2022. Our law recognises associations which comply with the common-law requirements for the recognition of legal personality of juristic persons. Which one of the following entities is not an example of this type of juristic person? [1] A church [2] A trade union [3] A compa...

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Uploaded on September 4, 2022
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Institution
University of South Africa
Course
PVL1501 - Family Law (PVL1501)

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PVL1501 EXAM
PACK 2022

,4.1 General

Although this assignment is not a prerequisite to gain admission to the examination, it contributes 10%
towards your final mark for this module.

4.2 Questions and answers

Question 1
Our law recognises associations which comply with the common-law requirements for the recognition
of legal personality of juristic persons. Which one of the following entities is not an example of this type
of juristic person?

[1] A church
[2] A trade union
[3] A company
[4] A political party (2)

To comply with common-law requirements for the recognition of legal personality of juristic persons,
the following requirements have to be met: The association must have a continuous existence
irrespective of the fact that the members may vary. The association must have rights, duties and
capacities or be able to have rights, duties and
capacities in its own right. The objective of the association must not be the acquisition of gain.

Examples are a church, a political party and a trade union. Options [1], [2] and [4] all comply with these
requirements, but a company does not comply with these requirements. Option [3] is thus incorrect.
(Only Study Guide pp 15-16; Heaton p 4)

Since you had to indicate which of the listed options does not comply with the common- law
requirements for the recognition of legal personality of juristic persons, option [3] is the correct
alternative.

Question 2

A nasciturus can be defined as ...

,[1] a fiction that benefits third persons
[2] a child’s claim for pre-natal injuries
[3] a conceived but unborn child or fetus
[4] a fiction that creates legal subjectivity (2)

A nasciturus is a conceived but unborn child or fetus.
(Only Study Guide p 26; Heaton p 12)
Option [3] is the correct alternative.

Question 3

Indicate which one of the following is not recognised as a legal subject in our law:

[1] a newborn baby who is so deformed that she will inevitably die
[2] a baby who has been conceived but has not been born yet
[3] a person who is suffering from dementia
[4] a person who is mentally incapacitated (2)

A natural person’s legal personality begins at birth. A person is not regarded as a legal subject before
he or she is born alive. Option [2] is thus not recognised as a legal subject.

Although there are authors who maintain that a child must also be viable before legal personality is
conferred upon him or her, it is doubtful whether viability is a requirement for the commencement of
legal personality in South African law. A newborn baby, even if deformed, a person who suffers from
dementia, and a person who is mentally incapacitated all acquire legal personality. Options [1], [3] and
[4] are recognised as a legal subject. (Only Study Guide p 21; Heaton p 7) Since you had to choose
the option that is not a legal subject, option [2] is the correct alternative.

Question 4

In which one of the following cases did the court find that an agreement that a child’s father would not
be responsible for the child’s maintenance after birth was contrary to good morals?

, [1] Shields v Shields
[2] Road Accident Fund v Mtati
[3] Pinchin v Santam Insurance Co Ltd
[4] Chisholm v East Rand Proprietary Mines Ltd (2)

In Shields v Shields 1946 CPD 242 the parents wanted to incorporate an agreement into a divorce
order that a child’s father would not be responsible for the child’s maintenance after birth. The court
refused to do so. It held that a mother cannot waive her unborn child’s right to claim maintenance, and
that such agreement was contra bonos mores (contrary to good morals).

(Only Study Guide p 28; Heaton p 15) Option [1] is the correct alternative.

Question 5

Which one of the following statements about the reporting of a death is correct?

[1] It is not necessary to give notice of a stillbirth.
[2] A death due to natural causes must be reported by a medical practitioner.
[3] Only deaths due to natural causes have to be reported.

[4] Every death must be reported to the Director-General of Home Affairs or the Director-

General’s duly appointed representative. (2)

In terms of the Births and Deaths Registration Act 51 of 1992 every death has to be reported to the
Director-General of Home Affairs (or a duly appointed representative). Option [4] is thus correct.
Notice of a stillbirth must be given. Option [1] is thus incorrect.
If someone died of natural causes, anyone who was present at the death, became aware of it or is in
charge of the person’s funeral must report it. Option [2] is thus incorrect.

The death has to be reported whether it was due to natural or unnatural causes. Option [3] is thus
incorrect.

(Only Study Guide p 45; Heaton p 32) Since you had to choose the only correct option, option [4] is
the correct alternative.

Question 6

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PVL1501 EXAM PACK 2022

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