Summary
PVL1501 - Law Of Persons Examination summary notes
- Course
- Institution
Summary of the subject for fast memorizing
[Show more]
Seller
Follow
ctutor
Reviews received
Content preview
PVL1501 NotesStudy unit 2
Definition of the law of persons:
Part of private law, which determines which beings are legal subjects.
When legal personality begins and ends
What legal status involves
What effect various factors have on persons legal status
2 Classes of legal subjects in SA Law:
Natural person
Juristic person
Define term Natural person:
All human beings are recognised as legal subjects
Every human being can have rights, duties, and capabilities although
content of these rights may vary on person’s mental capacity and age.
To distinguish them from other legal subjects all humans are natural
persons.
Define Juristic person:
o These are certain associations of natural persons to which legal
personality is granted.
o Such associations to which legal personality is granted is called juristic
person.
Entities that are recognised as a juristic person:
Associations incorporated in terms of general enabling Legislation
(Banks)
Associations especially created & recognised as juristic persons in
Separate legislation (Universities)
Associations that apply with common law requirements for recognition of
the legal personality of a juristic person. Must have continuous existence
irrespective of the fact that members may vary.
, Part 2
Study unit 4
Requirements for the Beginning of a legal personality:
1. Birth must be fully completed child must be completely separated from
mother
2. Child must live after separation even for short period.
Discuss the provisions of Births and Death registrations Act 51 of
1992 that deals with registration on Births:
Director General of home Affairs must be notified of the birth of every child
who was born alive.
Notice must be given by child’s parents within 30 days of child’s birth.
If both parents are deceased notice must be given by next of kin or legal
guardian.
If child already reached age of 18 he/she may personally give notice.
Notice of birth must be accompanied by documents prescribed by act.
No birth may be registered unless a forename and a surname has been
assigned to child.
, Study Unit 5
Define Nasciturus Fiction:
A nasciturus is regarded as having been born at the time of his conception
whenever it is to his advantage.
Requirements for fiction to come into operation:
Must have been conceived at time of benefit accrued to him.
Nasciturus must be subsequently born alive.
ID interest in respect fiction has been applied in our law and
explain how the fiction is applied with each interest:
1. Succession
2. Maintenance after birth
3. Dependants action for loss of support
4. Pre-natal injury
5. Guardianship and care
6. Termination of pregnancy
7. Sterilisation
Succession (Ex parte Boedel Steenkamp):
Intestate succession:
If person dies w/o leaving valid will – estate is handed over in terms of law
of intestate succession – under these terms – person only inherits if alive at
time estate “falls open” (delatio) which takes place moment deceased dies.
NF applied to postpone distribution of estates until certain if live person
born or not.
If born alive – inherits as if already born at time person died. If not born alive
– does not obtain rights & not considered when estate is divided.
, Testate Succession:
Person dies and leaves valid will – effect given to provisions of will.
If testators intention re unborn child should inherit is clear – intention is carried
out. If unclear – rules of law of succession are applied.
EG where intention is clear: Leave property specifically to A,B & C while D
has been conceived – not yet born – D won’t inherit. Only beneficiaries
specifically in will inherit. Leaves property to children / grandchildren “born or
still to be born” – any children born after will inherit – whether / not conceived
at time of death.
EG where intention is unclear: Does not appoint beneficiaries by name – but
by class. Child in that class conceived at time of death born after death
inherits.
Maintenance after Birth:
Case name: Shieds v Shields
Parents of unborn were getting divorced and agreed father would not have to
provide maintenance after birth of child.
Wanted this in divorce order – court held mother can’t waive unborn’s right to
claim maintenance & that the agreement contradicted good faith & legal
convictions of the community.
It was thus never made an order of the court!
Father also can’t waive unborn’s right to claim maintenance from mother after
birth.
When a pregnant woman divorces father of child – court can provide for
child’s maintenance in divorce order – to avoid need for legal proceedings abt
maintenance after child is born.
This is NOT A TRUE APPLICATION OF NF – rather it’s merely a common
sense approach based on expediency (something advantages / convenient)
-if it were child would be deemed to have been born at time of her conception
and entitled to maintenance from that date – and equity clause of BOR would
be breached because NF would be entitled to maintenance for longer periodic
than a child whose parents’ divorce each other on day of her actual birth.
Absurd to award maintenance to child from date of conception as unborn child
gets all sustenance it needs from mother’s body.
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 ctutor. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.61. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now