PVL3704 Law of Persons
General Study and Practice Question Bank, 300 Original Questions
With Verified Answers, Rationale, and Cited References
Instant PDF Download
About This Document
This is a general study resource covering the core subject matter of South African Law of Persons, the kind of
content typically covered in a module such as PVL3704. It is not connected to, and does not reproduce, any specific
assignment, tutorial letter, or graded coursework for any particular semester. It draws on the general principles of
South African law of persons, including legal subjectivity, status, domicile, capacity to act, marriage, and the end of
legal subjectivity, as reflected in the common law and in statutes such as the Children's Act 38 of 2005, the
Marriage Act 25 of 1961, the Recognition of Customary Marriages Act 120 of 1998, the Civil Union Act 17 of 2006,
the Matrimonial Property Act 88 of 1984, the Divorce Act 70 of 1979, and the Domicile Act 3 of 1992. Each of the
300 questions is original, written specifically for this study guide, and organized into ten topic based sections.
Every question includes the correct answer, a short rationale, and a reference tag. This guide is a general study aid
only, not a substitute for your prescribed textbook, tutorial letters, or your own assignment work, and it should not
be used as a source of answers for any specific graded assignment or examination.
Content Overview
Number of
Section Content Area Key Topic Focus Weight
Questions
Introduction to the Law of
Legal subject, legal object, 10.0
1 Persons and Legal 30
natural and juristic persons percent
Subjectivity
Commencement of Legal Birth, the nasciturus fiction, 8.3
2 25
Subjectivity live birth requirements percent
Status and Factors Affecting Concept of status, factors 10.0
3 30
Status influencing legal status percent
Domicile of origin, choice,
8.3
4 Domicile 25 and dependence, the
percent
Domicile Act
Infans, minors, assistance of
11.7
5 Capacity to Act and Minority 35 guardian, contractual
percent
capacity
Capacity to Act, Mental
Curatorship, factors affecting 8.3
6 Illness, Intoxication, and 25
capacity beyond age percent
Prodigality
Consensus, capacity,
Marriage, Requirements and 11.7
7 35 formalities, civil and
Types percent
customary marriage
Matrimonial Property In and out of community of 8.3
8 25
Systems property, accrual system percent
, Parental Responsibilities,
Children's Act, parental 10.0
9 Guardianship, and 30
rights and responsibilities percent
Curatorship
End of Legal Subjectivity, Death, missing persons,
13.3
10 Death, and Presumption of 40 presumption of death
percent
Death procedures
Total Questions: 300 Format: Multiple choice, four options each Includes answer, rationale, and reference per question
Note: This is original general study material covering the broad subject area of South African law of persons. It is not affiliated with or endorsed
by any specific university, is not a reproduction of any commercial study guide, and is not intended as, and should not be used as, a source of
answers for any specific graded assignment or examination. Confirm content against your prescribed textbook, tutorial letters, and current
legislation, since legal principles and statutes can be amended over time.
Section 1, Introduction to the Law of Persons and Legal Subjectivity, Questions 1 to
30
1. In South African law, a legal subject is best described as:
A. An object over which rights can be exercised
B. An entity capable of having rights and duties, and thus bearing legal subjectivity
C. A synonym for a physical, tangible thing only
D. A term applicable only to registered companies
Correct Answer: B, An entity capable of having rights and duties, and thus bearing legal subjectivity
Rationale: A legal subject is any entity, whether a natural person or a juristic person, capable of bearing rights and duties in
law, distinguishing it from a legal object, which is the thing over which rights are held.
Reference: Law of persons, legal subject definition
2. A legal object, as distinguished from a legal subject, is best described as:
A. An entity capable of bearing rights and duties
B. The thing, whether corporeal or incorporeal, over which a legal subject may hold rights
C. A synonym for a natural person
D. A term used only for immovable property
Correct Answer: B, The thing, whether corporeal or incorporeal, over which a legal subject may hold rights
Rationale: A legal object is the thing over which a legal subject holds rights, such as property or performance owed under a
contract, in contrast to a legal subject, which is the bearer of those rights.
Reference: Law of persons, legal object definition
3. Which best describes a natural person in the context of the law of persons?
A. A juristic entity such as a company or trust
B. A human being who is capable of bearing rights and duties
C. An animal capable of legal ownership
D. A concept unrelated to legal subjectivity
Correct Answer: B, A human being who is capable of bearing rights and duties
Rationale: A natural person refers to a human being who bears legal subjectivity, in contrast to a juristic person, which is an
artificial legal entity such as a company, that the law also recognizes as capable of bearing rights and duties.
Reference: Law of persons, natural person definition
,4. Which best describes a juristic person in South African law?
A. A human being with full legal capacity
B. An entity, such as a company, close corporation, or certain associations, that the law recognizes
as having legal personality separate from its members
C. A term synonymous with a minor child
D. A concept that applies only to government departments
Correct Answer: B, An entity, such as a company, close corporation, or certain associations, that the law
recognizes as having legal personality separate from its members
Rationale: A juristic person is an artificial legal entity, such as a company or certain other associations, that the law treats as
having its own separate legal personality, distinct from that of its individual members or founders.
Reference: Law of persons, juristic person definition
5. The law of persons is best described as the branch of private law that:
A. Regulates commercial transactions between businesses
B. Determines who qualifies as a legal subject, when legal subjectivity begins and ends, and
matters relating to a person's status and capacity
C. Deals exclusively with criminal liability
D. Regulates international treaties between states
Correct Answer: B, Determines who qualifies as a legal subject, when legal subjectivity begins and ends, and
matters relating to a person's status and capacity
Rationale: The law of persons specifically addresses questions of legal subjectivity, including who qualifies as a legal subject,
when that subjectivity begins and ends, and issues relating to a person's status and capacity, distinguishing it from other
branches of private law like the law of contract or delict.
Reference: Law of persons, scope of the subject
6. Which best distinguishes status from capacity to act in the law of persons?
A. Status and capacity to act are identical concepts with no distinction
B. Status refers to a person's legal position, which determines the capacities, rights, and duties they
may have, while capacity to act refers to the ability to perform valid legal acts
C. Capacity to act determines status, rather than the reverse
D. Status applies only to juristic persons, never natural persons
Correct Answer: B, Status refers to a person's legal position, which determines the capacities, rights, and
duties they may have, while capacity to act refers to the ability to perform valid legal acts
Rationale: Status refers to a person's overall legal position within the community, which in turn determines what legal
capacities, rights, and duties that person may have, while capacity to act more specifically refers to a person's ability to perform
valid legal acts, such as concluding contracts, and is one of the capacities influenced by status.
Reference: Law of persons, status versus capacity to act
7. Which best describes legal capacity, sometimes distinguished from capacity to act?
A. The ability to bear rights and duties generally, which every legal subject possesses simply by
being recognized as a legal subject
B. The specific ability to perform valid legal acts such as concluding a contract
C. A term identical in meaning to domicile
D. A concept that applies only to persons over the age of eighteen
Correct Answer: A, The ability to bear rights and duties generally, which every legal subject possesses
simply by being recognized as a legal subject
Rationale: Legal capacity refers to the general ability to bear rights and duties, which every legal subject possesses by virtue of
being recognized as such, and is distinguished from the narrower concept of capacity to act, which concerns the ability to
actually perform valid legal acts and which may be limited for certain categories of persons, such as minors.
Reference: Law of persons, legal capacity versus capacity to act
, 8. Capacity to litigate, or locus standi in iudicio, is best described as:
A. The capacity to bear rights and duties generally
B. The capacity to appear in one's own name in legal proceedings, either as a plaintiff or defendant,
or to instruct legal representation
C. A term synonymous with domicile
D. A capacity that applies only to juristic persons
Correct Answer: B, The capacity to appear in one's own name in legal proceedings, either as a plaintiff or
defendant, or to instruct legal representation
Rationale: Capacity to litigate refers specifically to a person's ability to appear in legal proceedings in their own name, whether
as plaintiff or defendant, or to validly instruct legal representation, and this capacity, like capacity to act, may be limited for
certain categories of persons such as minors or the mentally ill.
Reference: Law of persons, capacity to litigate
9. Criminal capacity, in the context of the law of persons, refers to:
A. The capacity to conclude valid contracts
B. The capacity to be held criminally responsible for one's unlawful conduct
C. A capacity relevant only to juristic persons
D. A synonym for status
Correct Answer: B, The capacity to be held criminally responsible for one's unlawful conduct
Rationale: Criminal capacity refers to a person's ability to be held criminally responsible for unlawful conduct, which depends
on factors such as age and mental capacity, and is conceptually distinct from, though sometimes related to, capacity to act in
the context of private law.
Reference: Law of persons, criminal capacity
10. Which best describes why the law of persons is generally considered foundational to the broader
study of private law?
A. It has no meaningful relationship to other areas of private law such as contract or delict
B. Since only recognized legal subjects can hold rights and duties, and capacity questions affect
whether legal acts are valid, the principles of the law of persons underpin many other areas of
private law, such as contract and delict
C. The law of persons applies only to criminal matters, unrelated to private law
D. The law of persons is a purely modern field with no connection to Roman Dutch law tradition
Correct Answer: B, Since only recognized legal subjects can hold rights and duties, and capacity questions
affect whether legal acts are valid, the principles of the law of persons underpin many other areas of
private law, such as contract and delict
Rationale: Because only recognized legal subjects can hold rights and duties, and because questions of capacity determine
whether a person's legal acts, such as contracts, are valid, the principles developed in the law of persons underpin and interact
with many other areas of private law, including contract and delict, making it a foundational subject.
Reference: Law of persons, foundational role
General Study and Practice Question Bank, 300 Original Questions
With Verified Answers, Rationale, and Cited References
Instant PDF Download
About This Document
This is a general study resource covering the core subject matter of South African Law of Persons, the kind of
content typically covered in a module such as PVL3704. It is not connected to, and does not reproduce, any specific
assignment, tutorial letter, or graded coursework for any particular semester. It draws on the general principles of
South African law of persons, including legal subjectivity, status, domicile, capacity to act, marriage, and the end of
legal subjectivity, as reflected in the common law and in statutes such as the Children's Act 38 of 2005, the
Marriage Act 25 of 1961, the Recognition of Customary Marriages Act 120 of 1998, the Civil Union Act 17 of 2006,
the Matrimonial Property Act 88 of 1984, the Divorce Act 70 of 1979, and the Domicile Act 3 of 1992. Each of the
300 questions is original, written specifically for this study guide, and organized into ten topic based sections.
Every question includes the correct answer, a short rationale, and a reference tag. This guide is a general study aid
only, not a substitute for your prescribed textbook, tutorial letters, or your own assignment work, and it should not
be used as a source of answers for any specific graded assignment or examination.
Content Overview
Number of
Section Content Area Key Topic Focus Weight
Questions
Introduction to the Law of
Legal subject, legal object, 10.0
1 Persons and Legal 30
natural and juristic persons percent
Subjectivity
Commencement of Legal Birth, the nasciturus fiction, 8.3
2 25
Subjectivity live birth requirements percent
Status and Factors Affecting Concept of status, factors 10.0
3 30
Status influencing legal status percent
Domicile of origin, choice,
8.3
4 Domicile 25 and dependence, the
percent
Domicile Act
Infans, minors, assistance of
11.7
5 Capacity to Act and Minority 35 guardian, contractual
percent
capacity
Capacity to Act, Mental
Curatorship, factors affecting 8.3
6 Illness, Intoxication, and 25
capacity beyond age percent
Prodigality
Consensus, capacity,
Marriage, Requirements and 11.7
7 35 formalities, civil and
Types percent
customary marriage
Matrimonial Property In and out of community of 8.3
8 25
Systems property, accrual system percent
, Parental Responsibilities,
Children's Act, parental 10.0
9 Guardianship, and 30
rights and responsibilities percent
Curatorship
End of Legal Subjectivity, Death, missing persons,
13.3
10 Death, and Presumption of 40 presumption of death
percent
Death procedures
Total Questions: 300 Format: Multiple choice, four options each Includes answer, rationale, and reference per question
Note: This is original general study material covering the broad subject area of South African law of persons. It is not affiliated with or endorsed
by any specific university, is not a reproduction of any commercial study guide, and is not intended as, and should not be used as, a source of
answers for any specific graded assignment or examination. Confirm content against your prescribed textbook, tutorial letters, and current
legislation, since legal principles and statutes can be amended over time.
Section 1, Introduction to the Law of Persons and Legal Subjectivity, Questions 1 to
30
1. In South African law, a legal subject is best described as:
A. An object over which rights can be exercised
B. An entity capable of having rights and duties, and thus bearing legal subjectivity
C. A synonym for a physical, tangible thing only
D. A term applicable only to registered companies
Correct Answer: B, An entity capable of having rights and duties, and thus bearing legal subjectivity
Rationale: A legal subject is any entity, whether a natural person or a juristic person, capable of bearing rights and duties in
law, distinguishing it from a legal object, which is the thing over which rights are held.
Reference: Law of persons, legal subject definition
2. A legal object, as distinguished from a legal subject, is best described as:
A. An entity capable of bearing rights and duties
B. The thing, whether corporeal or incorporeal, over which a legal subject may hold rights
C. A synonym for a natural person
D. A term used only for immovable property
Correct Answer: B, The thing, whether corporeal or incorporeal, over which a legal subject may hold rights
Rationale: A legal object is the thing over which a legal subject holds rights, such as property or performance owed under a
contract, in contrast to a legal subject, which is the bearer of those rights.
Reference: Law of persons, legal object definition
3. Which best describes a natural person in the context of the law of persons?
A. A juristic entity such as a company or trust
B. A human being who is capable of bearing rights and duties
C. An animal capable of legal ownership
D. A concept unrelated to legal subjectivity
Correct Answer: B, A human being who is capable of bearing rights and duties
Rationale: A natural person refers to a human being who bears legal subjectivity, in contrast to a juristic person, which is an
artificial legal entity such as a company, that the law also recognizes as capable of bearing rights and duties.
Reference: Law of persons, natural person definition
,4. Which best describes a juristic person in South African law?
A. A human being with full legal capacity
B. An entity, such as a company, close corporation, or certain associations, that the law recognizes
as having legal personality separate from its members
C. A term synonymous with a minor child
D. A concept that applies only to government departments
Correct Answer: B, An entity, such as a company, close corporation, or certain associations, that the law
recognizes as having legal personality separate from its members
Rationale: A juristic person is an artificial legal entity, such as a company or certain other associations, that the law treats as
having its own separate legal personality, distinct from that of its individual members or founders.
Reference: Law of persons, juristic person definition
5. The law of persons is best described as the branch of private law that:
A. Regulates commercial transactions between businesses
B. Determines who qualifies as a legal subject, when legal subjectivity begins and ends, and
matters relating to a person's status and capacity
C. Deals exclusively with criminal liability
D. Regulates international treaties between states
Correct Answer: B, Determines who qualifies as a legal subject, when legal subjectivity begins and ends, and
matters relating to a person's status and capacity
Rationale: The law of persons specifically addresses questions of legal subjectivity, including who qualifies as a legal subject,
when that subjectivity begins and ends, and issues relating to a person's status and capacity, distinguishing it from other
branches of private law like the law of contract or delict.
Reference: Law of persons, scope of the subject
6. Which best distinguishes status from capacity to act in the law of persons?
A. Status and capacity to act are identical concepts with no distinction
B. Status refers to a person's legal position, which determines the capacities, rights, and duties they
may have, while capacity to act refers to the ability to perform valid legal acts
C. Capacity to act determines status, rather than the reverse
D. Status applies only to juristic persons, never natural persons
Correct Answer: B, Status refers to a person's legal position, which determines the capacities, rights, and
duties they may have, while capacity to act refers to the ability to perform valid legal acts
Rationale: Status refers to a person's overall legal position within the community, which in turn determines what legal
capacities, rights, and duties that person may have, while capacity to act more specifically refers to a person's ability to perform
valid legal acts, such as concluding contracts, and is one of the capacities influenced by status.
Reference: Law of persons, status versus capacity to act
7. Which best describes legal capacity, sometimes distinguished from capacity to act?
A. The ability to bear rights and duties generally, which every legal subject possesses simply by
being recognized as a legal subject
B. The specific ability to perform valid legal acts such as concluding a contract
C. A term identical in meaning to domicile
D. A concept that applies only to persons over the age of eighteen
Correct Answer: A, The ability to bear rights and duties generally, which every legal subject possesses
simply by being recognized as a legal subject
Rationale: Legal capacity refers to the general ability to bear rights and duties, which every legal subject possesses by virtue of
being recognized as such, and is distinguished from the narrower concept of capacity to act, which concerns the ability to
actually perform valid legal acts and which may be limited for certain categories of persons, such as minors.
Reference: Law of persons, legal capacity versus capacity to act
, 8. Capacity to litigate, or locus standi in iudicio, is best described as:
A. The capacity to bear rights and duties generally
B. The capacity to appear in one's own name in legal proceedings, either as a plaintiff or defendant,
or to instruct legal representation
C. A term synonymous with domicile
D. A capacity that applies only to juristic persons
Correct Answer: B, The capacity to appear in one's own name in legal proceedings, either as a plaintiff or
defendant, or to instruct legal representation
Rationale: Capacity to litigate refers specifically to a person's ability to appear in legal proceedings in their own name, whether
as plaintiff or defendant, or to validly instruct legal representation, and this capacity, like capacity to act, may be limited for
certain categories of persons such as minors or the mentally ill.
Reference: Law of persons, capacity to litigate
9. Criminal capacity, in the context of the law of persons, refers to:
A. The capacity to conclude valid contracts
B. The capacity to be held criminally responsible for one's unlawful conduct
C. A capacity relevant only to juristic persons
D. A synonym for status
Correct Answer: B, The capacity to be held criminally responsible for one's unlawful conduct
Rationale: Criminal capacity refers to a person's ability to be held criminally responsible for unlawful conduct, which depends
on factors such as age and mental capacity, and is conceptually distinct from, though sometimes related to, capacity to act in
the context of private law.
Reference: Law of persons, criminal capacity
10. Which best describes why the law of persons is generally considered foundational to the broader
study of private law?
A. It has no meaningful relationship to other areas of private law such as contract or delict
B. Since only recognized legal subjects can hold rights and duties, and capacity questions affect
whether legal acts are valid, the principles of the law of persons underpin many other areas of
private law, such as contract and delict
C. The law of persons applies only to criminal matters, unrelated to private law
D. The law of persons is a purely modern field with no connection to Roman Dutch law tradition
Correct Answer: B, Since only recognized legal subjects can hold rights and duties, and capacity questions
affect whether legal acts are valid, the principles of the law of persons underpin many other areas of
private law, such as contract and delict
Rationale: Because only recognized legal subjects can hold rights and duties, and because questions of capacity determine
whether a person's legal acts, such as contracts, are valid, the principles developed in the law of persons underpin and interact
with many other areas of private law, including contract and delict, making it a foundational subject.
Reference: Law of persons, foundational role
