1 of 76
Term
May the parents of an unborn child validly agree that the father will
not be held responsible for the maintenance if the child after his or
her birth? Give authority for your answer
Give this one a try later!
the child must have been conceived at the time when the benefit would have
accrued to him or her
must subsequently be born alive
no. in Shields v Shields 1946 CPD 242 it was held that such an agreement is
invalid, because it is contrary to good morals or the legal convictions of the
community.
in law domicile is the place where a person is deemed to be constantly present
*for the purpose of exercising his/her rights
, * fulfilling his or her obligations
* even in the even of his/her factual absence
all relevant facts and circumstances must be brought to the attention of the
court.
age of the person
length of the absence from home
the trade or occupation of such person
after hearing the application the court set a return date on which the final order
will be made. there will then be a notice of rule to be published in the
government gazette and a newspaper in the circulation in the area where the
missing person used to live. This enables other parties to object to granting the
final order or to bring further facts to the notice of the court that could either
rebut the presumption of death or strengthen it. ( the rule nisi)
Don't know?
2 of 76
Definition
All human beings irrespective of their age, mental capacity and
intellectual ability are recognized as legal subjects
Give this one a try later!
both juridical person and natural
judicial person
person equally
both the juridical and natural
natural person
persons
, Don't know?
3 of 76
Term
Study unit 6
Give this one a try later!
the transfer of legal personality the suspension of legal personality
the end of legal personality the beginning of legal personality
Don't know?
4 of 76
Definition
A putative marriage is a void marriage in which one or both of the
parties to the marriage are bona de unaware of the defect
invalidating the marriage. As long as one or both of the parties
remain bona de unaware of the fact that the marriage is in fact
invalid, the putative marriage has the legal consequences of a valid
marriage.
Give this one a try later!
, Enrichment: Putative marriage:
Negotiorum gestio: Capacity to act:
Don't know?
5 of 76
Term
Restitutio in integrum:
Give this one a try later!
Conscious meeting of minds the child must have been conceived
(consensus ad idem) between two at the time when the benefit would
or more persons. An agreement have accrued to him or her
creating obligations is known as a
contract. must subsequently be born alive
A legal remedy by means of
unborn child is regarded as a living which the former position is
person, although it has not been restored, that is the return of
born yet whatever has been performed
in terms of a contract.
Don't know?
6 of 76
Definition
Term
May the parents of an unborn child validly agree that the father will
not be held responsible for the maintenance if the child after his or
her birth? Give authority for your answer
Give this one a try later!
the child must have been conceived at the time when the benefit would have
accrued to him or her
must subsequently be born alive
no. in Shields v Shields 1946 CPD 242 it was held that such an agreement is
invalid, because it is contrary to good morals or the legal convictions of the
community.
in law domicile is the place where a person is deemed to be constantly present
*for the purpose of exercising his/her rights
, * fulfilling his or her obligations
* even in the even of his/her factual absence
all relevant facts and circumstances must be brought to the attention of the
court.
age of the person
length of the absence from home
the trade or occupation of such person
after hearing the application the court set a return date on which the final order
will be made. there will then be a notice of rule to be published in the
government gazette and a newspaper in the circulation in the area where the
missing person used to live. This enables other parties to object to granting the
final order or to bring further facts to the notice of the court that could either
rebut the presumption of death or strengthen it. ( the rule nisi)
Don't know?
2 of 76
Definition
All human beings irrespective of their age, mental capacity and
intellectual ability are recognized as legal subjects
Give this one a try later!
both juridical person and natural
judicial person
person equally
both the juridical and natural
natural person
persons
, Don't know?
3 of 76
Term
Study unit 6
Give this one a try later!
the transfer of legal personality the suspension of legal personality
the end of legal personality the beginning of legal personality
Don't know?
4 of 76
Definition
A putative marriage is a void marriage in which one or both of the
parties to the marriage are bona de unaware of the defect
invalidating the marriage. As long as one or both of the parties
remain bona de unaware of the fact that the marriage is in fact
invalid, the putative marriage has the legal consequences of a valid
marriage.
Give this one a try later!
, Enrichment: Putative marriage:
Negotiorum gestio: Capacity to act:
Don't know?
5 of 76
Term
Restitutio in integrum:
Give this one a try later!
Conscious meeting of minds the child must have been conceived
(consensus ad idem) between two at the time when the benefit would
or more persons. An agreement have accrued to him or her
creating obligations is known as a
contract. must subsequently be born alive
A legal remedy by means of
unborn child is regarded as a living which the former position is
person, although it has not been restored, that is the return of
born yet whatever has been performed
in terms of a contract.
Don't know?
6 of 76
Definition
