LAW OF PERSONS
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, 1
Identify and briefly distinguish between the two categories of legal subjects that are
recognised by South African law. (2)
Answer
a) The two categories of legal subjects are natural persons(½) and juristic persons(½).
b) Natural persons refer to all human beings, irrespective of their age, mental capacity,
intellectual ability, etcetera.(½) Juristic persons enjoy legal existence independent
from that of its members or the natural persons who created it.(½) OR Juristic
persons are all associations incorporated in terms of general enabling legislation;
separate legislation; or association which comply with the common-law requirements.
(½)
QUESTION 2
In your own words, what are the common-law requirements for the recognition of legal
personality of a juristic person? (3)
Answer
At common-law an association must meet the following requirements to be recognised as a
juristic person:
a) The association must have a continuous existence irrespective of the fact that its
members may regularly change/vary.(1)
b) The association must have rights, duties and capacities or be able to have rights,
duties and capacities in its own right, (that is, distinct from the rights, duties and
capacities of the individual members in their personal capacities).(1)
c) Its object must not be the acquisition of gain.(1)
QUESTION 3
Paulina Twala’s husband Chris Twala, a soldier in Afghanistan, has been missing for six
years. Paulina approaches you for advice about the following:
a) She would like to approach the court to grant a presumption of death with regard to
her husband. Explain to her the procedure to obtain a presumption or death order.
(2)
Answer
Any interested party,(½) for example a creditor, heir, civil union partner or surviving spouse
(Paulina) of the absent/missing person(½) may approach the high court in whose jurisdiction
the missing person was domiciled(½) to grant a presumption of death. The applicant
(Paulina) must prove on a preponderance of probabilities (½) that Chris Twala is dead.
b) She would like to know what will happen to Chris’ estate once a presumption of death
is pronounced. (1)
Answer
After a death has been officially presumed, the person’s estate may, in principle, be dealt
with as if he or she were dead.(½) Chris’ estate will thus be administered and divided among
his heirs.(½)
c) She now wants to marry her boyfriend, Nick. She is unsure if she is still married to
Chris though and, if so, what her options are. Explain the legal position to her. (2)
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 2
Answer
We are dealing here with a common-law presumption of death, which means that the
marriage is not automatically terminated.(½) This position is regulated by the Dissolution of
Marriages on Presumption of Death Act 23 of 1979.(½) The surviving spouse (Paulina)(½)
has to apply to the court that pronounced the presumption of death (½) to make a further
order dissolving her marriage. The court may not grant the order on its own initiative.(½) This
can be done either at the same time as the presumption of death or at any time thereafter.
(½)
(There are three possible marks for this two-mark question)
QUESTION 4
In your own words, indicate under which circumstances a pregnancy may legally be
terminated after the 20th weeks of the gestation period. (3)
Answer
The position is regulated by the Choice on Termination of Pregnancy Act 92 of 1996.(½)
After the 20th week of the gestation period a pregnancy may be terminated only if a medical
practitioner, after consultation with another medical practitioner(½) or a registered mid-wife
who has undergone the prescribed training course,(½) is of the opinion that the continued
pregnancy will do any of the following:
a) Endanger the woman’s life.(½)
b) Result in a severe malformation of the foetus.(½)
c) Pose a risk of injury to the foetus.(½)
Question 1
Indicate which one of the following statements relating to birth as the moment when legal
personality begins, is correct:
1) It is required that the umbilical cord be severed
2) The child must live after the separation, even if only very briefly. option [2] is the
correct alternative
3) A stillborn fetus acquires legal personality
4) A fetus which dies during birth acquires legal personality
Explanation
The child must live after the separation, even if only very briefly in order to acquire legal
personality.
Question 2
Legal capacity is …
1) the capacity to perform valid juristic acts
2) the capacity to be accountable for crimes
3) the capacity to appear in a court of law
4) the capacity to have rights and duties option [4] is the correct alternative.
Explanation
Legal capacity is the capacity to have rights and duties.
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 3
Question 3
To comply with the factum requirement of domicile of choice, the following requirement has
to be met:
1) A person has to live at a specific place for an extended period
2) A person has to have the intention of settling somewhere indefinitely
3) A person has to be lawfully present at a specific place option [3] is the correct
alternative.
4) A person has to be over the age of 21 years
Explanation
For purposes of the factum requirement, the Domicile Act recognises only lawful presence
for purposes of acquiring a domicile of choice. Thus someone who is unlawfully present at a
specific place cannot acquire a domicile of choice, even if he or she has the intention of
settling there permanently, because the physical presence is not lawful.
Question 4
Which one of the following defences cannot be used by a man to disprove paternity?
1) Sterility
2) Physical features option [2] is the correct alternative.
3) Impotence
4) Blood tests
Explanation
The fact that the physical features of the child do or do not resemble those of the alleged
father does not bear much weight in proving or disproving paternity. Physical appearance
may only be considered in conjunction with other factors which prove or disprove paternity.
Question 5
A child born as a result of “artificial fertilisation” refers to …
1) a child born of parents who, though not married to each other at the time of the
child’s conception or birth or at any intervening time, could validly have married each
other
2) a child whose parents were married to someone else or were parties to a civil union
with somebody else at the time of the child’s conception
3) a child born after the introduction, by artificial means, of a male gamete into the
internal reproductive organs of a woman for the purpose of human reproduction
option [3] is the correct alternative.
4) a child whose parents could not have married each other or could not have entered
into a civil union with each other at the time of the child’s conception because they
were too closely related
Explanation
A child born as a result of “artificial fertilisation” refers to a child born after the introduction,
by artificial means, of a male gamete into the internal reproductive organs of a woman for
the purpose of human reproduction.
Question 6
Indicate which one of the following entities is not recognised as a juristic person in our law:
1) The Democratic Alliance (DA) 2)
Nedbank
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
REVISION STUDY PACK
EXAM PREPARATION / TUTORIAL CLASSES / EXAM PACKs : 0784683517
0784683517
0784683517
0
, 1
Identify and briefly distinguish between the two categories of legal subjects that are
recognised by South African law. (2)
Answer
a) The two categories of legal subjects are natural persons(½) and juristic persons(½).
b) Natural persons refer to all human beings, irrespective of their age, mental capacity,
intellectual ability, etcetera.(½) Juristic persons enjoy legal existence independent
from that of its members or the natural persons who created it.(½) OR Juristic
persons are all associations incorporated in terms of general enabling legislation;
separate legislation; or association which comply with the common-law requirements.
(½)
QUESTION 2
In your own words, what are the common-law requirements for the recognition of legal
personality of a juristic person? (3)
Answer
At common-law an association must meet the following requirements to be recognised as a
juristic person:
a) The association must have a continuous existence irrespective of the fact that its
members may regularly change/vary.(1)
b) The association must have rights, duties and capacities or be able to have rights,
duties and capacities in its own right, (that is, distinct from the rights, duties and
capacities of the individual members in their personal capacities).(1)
c) Its object must not be the acquisition of gain.(1)
QUESTION 3
Paulina Twala’s husband Chris Twala, a soldier in Afghanistan, has been missing for six
years. Paulina approaches you for advice about the following:
a) She would like to approach the court to grant a presumption of death with regard to
her husband. Explain to her the procedure to obtain a presumption or death order.
(2)
Answer
Any interested party,(½) for example a creditor, heir, civil union partner or surviving spouse
(Paulina) of the absent/missing person(½) may approach the high court in whose jurisdiction
the missing person was domiciled(½) to grant a presumption of death. The applicant
(Paulina) must prove on a preponderance of probabilities (½) that Chris Twala is dead.
b) She would like to know what will happen to Chris’ estate once a presumption of death
is pronounced. (1)
Answer
After a death has been officially presumed, the person’s estate may, in principle, be dealt
with as if he or she were dead.(½) Chris’ estate will thus be administered and divided among
his heirs.(½)
c) She now wants to marry her boyfriend, Nick. She is unsure if she is still married to
Chris though and, if so, what her options are. Explain the legal position to her. (2)
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 2
Answer
We are dealing here with a common-law presumption of death, which means that the
marriage is not automatically terminated.(½) This position is regulated by the Dissolution of
Marriages on Presumption of Death Act 23 of 1979.(½) The surviving spouse (Paulina)(½)
has to apply to the court that pronounced the presumption of death (½) to make a further
order dissolving her marriage. The court may not grant the order on its own initiative.(½) This
can be done either at the same time as the presumption of death or at any time thereafter.
(½)
(There are three possible marks for this two-mark question)
QUESTION 4
In your own words, indicate under which circumstances a pregnancy may legally be
terminated after the 20th weeks of the gestation period. (3)
Answer
The position is regulated by the Choice on Termination of Pregnancy Act 92 of 1996.(½)
After the 20th week of the gestation period a pregnancy may be terminated only if a medical
practitioner, after consultation with another medical practitioner(½) or a registered mid-wife
who has undergone the prescribed training course,(½) is of the opinion that the continued
pregnancy will do any of the following:
a) Endanger the woman’s life.(½)
b) Result in a severe malformation of the foetus.(½)
c) Pose a risk of injury to the foetus.(½)
Question 1
Indicate which one of the following statements relating to birth as the moment when legal
personality begins, is correct:
1) It is required that the umbilical cord be severed
2) The child must live after the separation, even if only very briefly. option [2] is the
correct alternative
3) A stillborn fetus acquires legal personality
4) A fetus which dies during birth acquires legal personality
Explanation
The child must live after the separation, even if only very briefly in order to acquire legal
personality.
Question 2
Legal capacity is …
1) the capacity to perform valid juristic acts
2) the capacity to be accountable for crimes
3) the capacity to appear in a court of law
4) the capacity to have rights and duties option [4] is the correct alternative.
Explanation
Legal capacity is the capacity to have rights and duties.
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
, 3
Question 3
To comply with the factum requirement of domicile of choice, the following requirement has
to be met:
1) A person has to live at a specific place for an extended period
2) A person has to have the intention of settling somewhere indefinitely
3) A person has to be lawfully present at a specific place option [3] is the correct
alternative.
4) A person has to be over the age of 21 years
Explanation
For purposes of the factum requirement, the Domicile Act recognises only lawful presence
for purposes of acquiring a domicile of choice. Thus someone who is unlawfully present at a
specific place cannot acquire a domicile of choice, even if he or she has the intention of
settling there permanently, because the physical presence is not lawful.
Question 4
Which one of the following defences cannot be used by a man to disprove paternity?
1) Sterility
2) Physical features option [2] is the correct alternative.
3) Impotence
4) Blood tests
Explanation
The fact that the physical features of the child do or do not resemble those of the alleged
father does not bear much weight in proving or disproving paternity. Physical appearance
may only be considered in conjunction with other factors which prove or disprove paternity.
Question 5
A child born as a result of “artificial fertilisation” refers to …
1) a child born of parents who, though not married to each other at the time of the
child’s conception or birth or at any intervening time, could validly have married each
other
2) a child whose parents were married to someone else or were parties to a civil union
with somebody else at the time of the child’s conception
3) a child born after the introduction, by artificial means, of a male gamete into the
internal reproductive organs of a woman for the purpose of human reproduction
option [3] is the correct alternative.
4) a child whose parents could not have married each other or could not have entered
into a civil union with each other at the time of the child’s conception because they
were too closely related
Explanation
A child born as a result of “artificial fertilisation” refers to a child born after the introduction,
by artificial means, of a male gamete into the internal reproductive organs of a woman for
the purpose of human reproduction.
Question 6
Indicate which one of the following entities is not recognised as a juristic person in our law:
1) The Democratic Alliance (DA) 2)
Nedbank
THE EXPERT IN ANYTHING WAS ONCE A BEGINNER
