ttictptct 4 : EFFECT of AGE ON STATUS
f
and
°
Changes in the status of a
person occur between birth
majority .
win fans comes into existence at birth with limited legal capacity .
↳ from 7- to minor is referred to in fans able to
longer enter into certain contracts with
→
age no as an . consent from parent
:÷÷÷:÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷:i÷:::::: :.÷÷÷i÷÷÷÷÷÷÷
"
:*: :::
independently buy lrecieve condoms / contraceptives
→
may
marriage (with consent of parent
→
enter into $ minister of Home Affairs )
may a
↳ from
age 14 →
boy@ may enter into
will
marriage (with consent of parent
a 31 minister of Home Affairs )
→
witness a
into
↳ from age
15 to
girls may enter a
marriage ( without consent of minister of H A . . )
w from 16 no minor execute will
age may a
→
may become a member of a financial institution ( without consent )
of Children's Act 38 of 2005 )
from 18 all
majority ( s 17
↳ to attain
age persons
capacity to conclude juristic acts
2 Classification
according
.
of to
persons age
.
,
Age affects status ( legal capacity capaa.ly/-oact $ capacity to
litigate )
°
a
persons
.
,
↳ reason : a
person must be able to
comprehend nature ,
extent B consequences of his/her acts before the law
level of mental
confer to person needs a certain degree of
maturity 31 experience ( development
act
can
capacity
-
•
Distinction is made between 3
groups :
]
-
÷÷:÷: ÷÷÷:÷÷÷÷i÷€
Cta )
years (
17 Infans → minor under 7 no
↳ ( his/her intentions )
• The law will not attach
anyof consequences
will
to his 1 her expression .
#
3 .
Children 's Rights
Section 28 of Constitution children's rights
protects
o →
Childs Act recognises $ expands provides that the Childs interests are of
to
↳
paramount importance in
Childrens rights provided for in the
constitution .
every matter
concerning the child .
4 .
In fans
Effect -0in fans
limitedlegalcapacity.no
legal capacity
°
on has
and
legal subject birth
rights from with ,
duties capacities .
rights
property (
all obligations related to
to can be the owner of with such ownership )
↳ cannot hold office of spouse / testator (no rights 31 obligations related to these offices )
°
consequences of concluded
by parent I guardian on behalf of in fans :
agreement
no
Agreement is valid .
In fans is
↳
party
to
agreement and not
play .
to Rights and those obligations are of in fans and not
play
↳ enforceable by and against the in fans
, ↳ If infans
/ any other
party
fails to
perform in terms of the
agreement
→ there is a breach of contract
to Remedies available to for the breach
a
party of contract by the other
party
:
i ) Specific performance Party : is compelled to perform in terms in terms of
agreement
by way of a court order .
delivered
ii ) cancellation
agreement and also refund of performance
of
iii ) To be
Damages according top principles of positive interesse placed in the
→
same
which he would
position in have been if the
agreement would have been
complied with .
↳ If in fans cannot
perform and other
party obtains court order but in fans
Stith?
sold and the
↳
Property of intens can be attached and proceeds of the sale is used to
settle what is owed .
( Pla -
not liable )
o
Exceptions to rule that pig is not liable to debt :
liable in the circumstances for the debts
ptg following
↳
the is :
did not inform the he/she behalf of the in fans
if
ptg other
party that was
acting on
-
.
if stood
ply surety Agrees
for the debts of the in fans
-
if fails to dept
legally responsible another
to be pay a
.
-
-
if debts were incurred for the maintenance of the in fans ( food ,
clothing ,
accomodati on etc )
o
consequence of certain
agreements entered into
by in fans on his/her own / with consent of p
Ig :
VOID existence
Agreement
co to
-
is no
agreement comes into .
that both
no
parties
may give
back what
they have revved → so
parties are
placed in the same position
agreement was entered into
y↳iy
they were in before the
Remedies available if
party does not
give back what he/she relieved
in terms of the void contract :
i ) condictio de biti
in :
remedy to claim back sum of
money which had been
paid
over and which was not due / owed .
ii ) rei vindication :
remedy available to owner to claim his
property from a
person who is
illegally in possession of it .
No cta
✓ →
If infans his/her own
Ply
acts on
must act for in fans
on his/her behalf OR ptg only consents
t d
contract Valid
contract void
d d
Breach of contract s Refund what relieved :
-
contractual Remedies : .
Remedies :
to con dictio in debit i
specific performance
↳
vindications rei
w cancellation to
damages
f
and
°
Changes in the status of a
person occur between birth
majority .
win fans comes into existence at birth with limited legal capacity .
↳ from 7- to minor is referred to in fans able to
longer enter into certain contracts with
→
age no as an . consent from parent
:÷÷÷:÷÷÷÷÷÷÷÷÷÷÷÷÷÷÷:i÷:::::: :.÷÷÷i÷÷÷÷÷÷÷
"
:*: :::
independently buy lrecieve condoms / contraceptives
→
may
marriage (with consent of parent
→
enter into $ minister of Home Affairs )
may a
↳ from
age 14 →
boy@ may enter into
will
marriage (with consent of parent
a 31 minister of Home Affairs )
→
witness a
into
↳ from age
15 to
girls may enter a
marriage ( without consent of minister of H A . . )
w from 16 no minor execute will
age may a
→
may become a member of a financial institution ( without consent )
of Children's Act 38 of 2005 )
from 18 all
majority ( s 17
↳ to attain
age persons
capacity to conclude juristic acts
2 Classification
according
.
of to
persons age
.
,
Age affects status ( legal capacity capaa.ly/-oact $ capacity to
litigate )
°
a
persons
.
,
↳ reason : a
person must be able to
comprehend nature ,
extent B consequences of his/her acts before the law
level of mental
confer to person needs a certain degree of
maturity 31 experience ( development
act
can
capacity
-
•
Distinction is made between 3
groups :
]
-
÷÷:÷: ÷÷÷:÷÷÷÷i÷€
Cta )
years (
17 Infans → minor under 7 no
↳ ( his/her intentions )
• The law will not attach
anyof consequences
will
to his 1 her expression .
#
3 .
Children 's Rights
Section 28 of Constitution children's rights
protects
o →
Childs Act recognises $ expands provides that the Childs interests are of
to
↳
paramount importance in
Childrens rights provided for in the
constitution .
every matter
concerning the child .
4 .
In fans
Effect -0in fans
limitedlegalcapacity.no
legal capacity
°
on has
and
legal subject birth
rights from with ,
duties capacities .
rights
property (
all obligations related to
to can be the owner of with such ownership )
↳ cannot hold office of spouse / testator (no rights 31 obligations related to these offices )
°
consequences of concluded
by parent I guardian on behalf of in fans :
agreement
no
Agreement is valid .
In fans is
↳
party
to
agreement and not
play .
to Rights and those obligations are of in fans and not
play
↳ enforceable by and against the in fans
, ↳ If infans
/ any other
party
fails to
perform in terms of the
agreement
→ there is a breach of contract
to Remedies available to for the breach
a
party of contract by the other
party
:
i ) Specific performance Party : is compelled to perform in terms in terms of
agreement
by way of a court order .
delivered
ii ) cancellation
agreement and also refund of performance
of
iii ) To be
Damages according top principles of positive interesse placed in the
→
same
which he would
position in have been if the
agreement would have been
complied with .
↳ If in fans cannot
perform and other
party obtains court order but in fans
Stith?
sold and the
↳
Property of intens can be attached and proceeds of the sale is used to
settle what is owed .
( Pla -
not liable )
o
Exceptions to rule that pig is not liable to debt :
liable in the circumstances for the debts
ptg following
↳
the is :
did not inform the he/she behalf of the in fans
if
ptg other
party that was
acting on
-
.
if stood
ply surety Agrees
for the debts of the in fans
-
if fails to dept
legally responsible another
to be pay a
.
-
-
if debts were incurred for the maintenance of the in fans ( food ,
clothing ,
accomodati on etc )
o
consequence of certain
agreements entered into
by in fans on his/her own / with consent of p
Ig :
VOID existence
Agreement
co to
-
is no
agreement comes into .
that both
no
parties
may give
back what
they have revved → so
parties are
placed in the same position
agreement was entered into
y↳iy
they were in before the
Remedies available if
party does not
give back what he/she relieved
in terms of the void contract :
i ) condictio de biti
in :
remedy to claim back sum of
money which had been
paid
over and which was not due / owed .
ii ) rei vindication :
remedy available to owner to claim his
property from a
person who is
illegally in possession of it .
No cta
✓ →
If infans his/her own
Ply
acts on
must act for in fans
on his/her behalf OR ptg only consents
t d
contract Valid
contract void
d d
Breach of contract s Refund what relieved :
-
contractual Remedies : .
Remedies :
to con dictio in debit i
specific performance
↳
vindications rei
w cancellation to
damages
