Summary
Summary Chapter 7: Termination of Legal Subjectivity
notes and summaries of chapter 7, including lecture notes. all relevant case law is included with thorough explanations. can be used for test and examination purposes
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Chapter 7 : Termination of LEGAL SUBJECTIVITY.ie#res: s: mt:Ii ae: te:e: sea: as/O
1 .
Determining the moment of Death :
r
S Williams
Legal subjectivity of a natural
person is determined at birth .
v
determine the moment of death
'
we
rely on medical evidence to .
Trial court found that according to traditional
ismomeautii.ae.ae:in : :::: :*::n÷: ::c:::S ::*: :.÷÷÷÷÷:÷÷
" min
# "
EE
""
SA law somatic / brain death ends
legal subjectivity ?
→
organ transplants
: certain
organs still
functioning after brain death , may be used for
purposes of
an
organ transplant .
Legal consequences of Death :
Cohea
deceased's
marriage is dissolved
o
:a2Ta%÷¥¥a
payment of life due
°
policies
'
: :: Ya't :O's:c
µµep;Yg¥IF%¥d\
used
are -
owner . deceased. assets vests in the executor
/master of the High Court '
non °
"
"
O "
"" ""
sayan : there is a
rebuttable simultaneous's
"
contrib
" '
Com mo rien tes :
is
2
accident
were µ
.
,
,
Lo Persons who die more or less
simultaneously in the same disaster ( earthquake car
etc ) ,
go
y
,
Iftikhar
why is it important to establish order of death ? I Ex
parte Graham
= to determine whether one can inherit from the other .
.eu:1#ghEhImgIafeendiInadesYIs'
wwaioguadnbstmirdutftfun
It is for
common
spouses who
appoint eachother
IIoanYitneg?ddIda
as heirs to their wills to , provide for the division of their Grey ling v Grey ling
estates
,
should they die in the same disaster .
EEhfutitgdeegayd.es?nonttn.heeiarutgeYnI
3 . Proof of Death :
A death is deathcertificate
persons normally proved by a
,
issued
by medical doctor when person dies of natural causes and
only after he/she is certain that the person is dead .
i'
contains info
regarding the identity the deceased of death certifies that the person named therein is dead
of cause .
, ,
when certificate #taed from medical doctor (deceased not treated by
doctor
/ doctor couldn't examine
body of deceased ) :
to
person who was present at the death / who knows of the death / person arranging the funeral -
must give the required notification
rebuttable
f. literally
;
to Director -
General of Home Affairs This death certificate
.
is
prima facie proof that the person named is dead
4 .
Presumption of death :
missing person creates
many prob estate cannot be administered ,
insurance policies 31 pension cannot be paid out spouse
,
cannot
remarry
.
Any person with interest in the
missing presumption death order
an
person can
apply to the court for a of .
missing person is
presumed to be
procedures
dead until the
contrary is proved
£4 court will only issue
2 for
obtaining this order : the order where ciraimst
.
from surrounding disappearance
/ L justifyagain!
renee
maihem .
BA Baba -
law procedure
procedure
common
statutory
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