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Summary beginning and end Legal personality

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In the summary of attainment of prescribed age and emancipation in the law of persons, this summary is simple, and easily understood by adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.

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  • July 30, 2018
  • 2
  • 2017/2018
  • Summary

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BEGINNING OF LEGAL PERSONALITY


BIRTH LIVED VIABLITY

Legal personality starts @ birth if the following
Requirements are met….
1. Fully completed birth ( child and mother are completed
separated. Umbilical cord does not have to be Still born, prem,
separated! deformed or ill child
2. Life, child must have lived even if for a short period. that dies CANNOT
1. Criminal Procedure Act states= breathe BUT obtain legal personality
supporting medical evidence will be required to BECAUSE
prove. THERE WAS NO
VIABLITY= child is at a stage of development whereby he/ VIABLITY!
she can live independently from its mom.
NOTE: viability must occur before a child is given legal
personality. HOWEVER it is NOT A REQUIREMENT

HOW TO REGISTER A BIRTH……..
BIRTH & DEATH REGISTRATION ACT 51 OF 1992
REGISTRATION OF BITHS




Director- General of Home
Affairs must be notified within
30 days of birth

Duty rests on parents to notify,
if not able to they can appoint • Anyone may change
someone on their behalf surname- through
an application to
Child must have a forename & General Director of
surname. NO funny names JJ
Cool
Homes Affairs.
• If child surname has
changed- birth
register must change
to reflect such.

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