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,PVL1501 Exam
Study Notes
Contains:
✓ Comprehensive Study Notes
,1 Introduction ........................................................................................................ 2
2 Beginning of legal personality ................................................................................ 3
3 Interests of the unborn child (nasciturus) ................................................................ 4
4 The end of legal personality................................................................................... 9
5 Status .............................................................................................................. 13
6 Domicile ........................................................................................................... 14
7 Extra-marital birth ............................................................................................. 16
8 The status and legitimation of extra-marital children .............................................. 20
9 Minority ............................................................................................................ 25
10 The legal status of an infans .............................................................................. 26
11 The legal status of a minor ................................................................................ 28
12 The minor’s contractual capacity ........................................................................ 28
13 Minor’s contractual capacity: Misrepresentation.................................................... 30
14 Minor’s contractual capacity: Undue enrichment ................................................... 31
15 Minor’s contractual capacity: Restitutio in integrum .............................................. 32
16 Minor’s capacity in terms of other juristic acts ...................................................... 33
17 Termination of minority ..................................................................................... 35
18 Emancipation ................................................................................................... 37
19 Diverse factors which affect status ..................................................................... 38
, 1 Introduction
1.1 Law of persons
Law of persons determines:
1. which beings are legal subjects
2. how a legal subject originates and comes to an end
3. what legal status involves
4. what effect various factors have on a person's legal status
Confined to treatment of the natural person only: not juristic persons.
Deals virtually exclusively with the status of natural persons in the field of private law.
1.2 Different kinds of legal subjects
Legal personality is bestowed only on legal subjects.
In SA we have:
1. The natural person
2. The juristic person
1.2.1 Factors determining recognition as a legal subjects
Legal personality is conferred only to entities the law sees fit to recognize as legal
subjects.
The following factors determine what is recognized as a legal entity within a country:
1. Legal norms and views of a particular community
2. The needs of commercial traffic
3. Historic and cultural background of a specific nation
Thus, as these factors change, what is recognized as a legal entity is subject to change.
1.2.2 Natural Person
All human beings, irrespective of age, mental capacity or intellectual capacity, are
recognized as legal subjects: known as “natural persons”
Thus: every human can have rights, duties and capacities based on mental capacity &
age.
1.2.2.1 Exceptions before modern law
Slavery was not abolished in the Cape until 1834: until then slaves in SA were legal
objects who could not have rights, duties or capacities.
Monstra: babies born so deformed that they lacked the human form and human mind
were not legal subjects under Roman & Roman Dutch law: today any abomination is regarded
as a legal subject.
1.2.3 Juristic person
Legal personality is also bestowed on certain associations of natural persons.
The association itself is granted legal personality and is called a juristic person.
1.2.3.1 Characteristics of a juristic person
1. Enjoys a legal existence independent from its members or the people who created it
2. Must always act through its functionaries, i.e. directors of a company
3. When functionaries act on behalf of the juristic person, it juristic person acquires
rights, duties and capacities, i.e. be bind itself to a contract, be owner of things, etc.
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