this document contains hand written notes for chapter 4 from the textbook of law of persons. it contains all the important cases and information that covers all the important information for easy understanding. best used for studying for exams.
may
marriage (with consent of parent
→
enter into $ minister of Home Affairs )
may a
↳ from
age 14 →
boy@ may enter into
will
marriage (with consent of parent
a 31 minister of Home Affairs )
→
witness a
into
↳ from age
15 to
girls may enter a
marriage ( without consent of minister of H A . . )
w from 16 no minor execute will
age may a
→
may become a member of a financial institution ( without consent )
of Children's Act 38 of 2005 )
from 18 all
majority ( s 17
↳ to attain
age persons
capacity to conclude juristic acts
2 Classification
according
.
of to
persons age
.
,
Age affects status ( legal capacity capaa.ly/-oact $ capacity to
litigate )
°
a
persons
.
,
↳ reason : a
person must be able to
comprehend nature ,
extent B consequences of his/her acts before the law
level of mental
confer to person needs a certain degree of
maturity 31 experience ( development
act
can
capacity
-
•
Distinction is made between 3
groups :
]
-
÷÷:÷: ÷÷÷:÷÷÷÷i÷€
Cta )
years (
17 Infans → minor under 7 no
↳ ( his/her intentions )
• The law will not attach
anyof consequences
will
to his 1 her expression .
#
3 .
Children 's Rights
Section 28 of Constitution children's rights
protects
o →
Childs Act recognises $ expands provides that the Childs interests are of
to
↳
paramount importance in
Childrens rights provided for in the
constitution .
every matter
concerning the child .
4 .
In fans
Effect -0in fans
limitedlegalcapacity.no
legal capacity
°
on has
and
legal subject birth
rights from with ,
duties capacities .
rights
property (
all obligations related to
to can be the owner of with such ownership )
↳ cannot hold office of spouse / testator (no rights 31 obligations related to these offices )
°
consequences of concluded
by parent I guardian on behalf of in fans :
agreement
no
Agreement is valid .
In fans is
↳
party
to
agreement and not
play .
to Rights and those obligations are of in fans and not
play
↳ enforceable by and against the in fans
, ↳ If infans
/ any other
party
fails to
perform in terms of the
agreement
→ there is a breach of contract
to Remedies available to for the breach
a
party of contract by the other
party
:
i ) Specific performance Party : is compelled to perform in terms in terms of
agreement
by way of a court order .
delivered
ii ) cancellation
agreement and also refund of performance
of
iii ) To be
Damages according top principles of positive interesse placed in the
→
same
which he would
position in have been if the
agreement would have been
complied with .
↳ If in fans cannot
perform and other
party obtains court order but in fans
Stith?
sold and the
↳
Property of intens can be attached and proceeds of the sale is used to
settle what is owed .
( Pla -
not liable )
o
Exceptions to rule that pig is not liable to debt :
liable in the circumstances for the debts
ptg following
↳
the is :
did not inform the he/she behalf of the in fans
if
ptg other
party that was
acting on
-
.
if stood
ply surety Agrees
for the debts of the in fans
-
if fails to dept
legally responsible another
to be pay a
.
-
-
if debts were incurred for the maintenance of the in fans ( food ,
clothing ,
accomodati on etc )
o
consequence of certain
agreements entered into
by in fans on his/her own / with consent of p
Ig :
VOID existence
Agreement
co to
-
is no
agreement comes into .
that both
no
parties
may give
back what
they have revved → so
parties are
placed in the same position
agreement was entered into
y↳iy
they were in before the
Remedies available if
party does not
give back what he/she relieved
in terms of the void contract :
i ) condictio de biti
in :
remedy to claim back sum of
money which had been
paid
over and which was not due / owed .
ii ) rei vindication :
remedy available to owner to claim his
property from a
person who is
illegally in possession of it .
No cta
✓ →
If infans his/her own
Ply
acts on
must act for in fans
on his/her behalf OR ptg only consents
t d
contract Valid
contract void
d d
Breach of contract s Refund what relieved :
-
contractual Remedies : .
Remedies :
to con dictio in debit i
specific performance
↳
vindications rei
w cancellation to
damages
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