Law of Persons Assignment 1
Question 1
a) In cases where the parents of a child are not married or are not civil partners
the child is to be give the mother's surname. The Births and Deaths
Registration Act does not provide for the double-barrelling of the surname of a
child born of such parents.
b) Yes the child can be given the father's surname. This can happen where both
the parents make a joint request for the father’s surname to be used. Section
10(1) of the Births and Deaths Registration Act provides for this.
c) Yes it would have been different. A child conceived resulting from rape may
not be given the father’s surname. This is as per section 26(2) of the
Children's Act.
Question 2
This section protects every individual's right to have life. In the Van Heerden
case, the court held that the definition of a person does not include a foetus.
Therefore, according to the law, a foetus does not have a right to life and is not
protected under this section hence the termination of the pregnancy in question is
a not contravene this section.
Question 3
a) Common law presumption of death.
b) Any party that has an interest like the spouse or a creditor and so on.
c) Upon hearing the presumption of death, the court then sets a date on which it
will set an order. The court will order for the interested parties to be alerted on
the rule nisi and will be published in the Government Gazette as well. As the
local press. This allows the interested parties to object or bring facts to the
court before the court places its final order.
d) Her estate will be administered.
e) Section 1 of the Presumption of Death Act provides that he can make an
order to dissolve the marriage.
Question 1
a) In cases where the parents of a child are not married or are not civil partners
the child is to be give the mother's surname. The Births and Deaths
Registration Act does not provide for the double-barrelling of the surname of a
child born of such parents.
b) Yes the child can be given the father's surname. This can happen where both
the parents make a joint request for the father’s surname to be used. Section
10(1) of the Births and Deaths Registration Act provides for this.
c) Yes it would have been different. A child conceived resulting from rape may
not be given the father’s surname. This is as per section 26(2) of the
Children's Act.
Question 2
This section protects every individual's right to have life. In the Van Heerden
case, the court held that the definition of a person does not include a foetus.
Therefore, according to the law, a foetus does not have a right to life and is not
protected under this section hence the termination of the pregnancy in question is
a not contravene this section.
Question 3
a) Common law presumption of death.
b) Any party that has an interest like the spouse or a creditor and so on.
c) Upon hearing the presumption of death, the court then sets a date on which it
will set an order. The court will order for the interested parties to be alerted on
the rule nisi and will be published in the Government Gazette as well. As the
local press. This allows the interested parties to object or bring facts to the
court before the court places its final order.
d) Her estate will be administered.
e) Section 1 of the Presumption of Death Act provides that he can make an
order to dissolve the marriage.
