Law of Persons
Study content for Law of Persons: notes, practice MCQs and flashcards across 10 syllabus topics. This is AI-generated draft content — citations have not yet been independently verified.
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Syllabus
- Introduction & FoundationsTopic
Objective vs subjective law · Legal subjects vs legal objects · Types of subjective rights (real, personal, immaterial property, personality rights)
- Natural Persons – Beginning of Legal PersonalityTopic
Requirements for birth (complete separation + independent life) · Nasciturus fiction – protecting unborn child's interests · Nasciturus in intestate succession
- End of Legal PersonalityTopic
Death as termination of legal personality · Legal requirements for death (brain death) · Registration of death – Births and Deaths Registration Act 51 of 1992
- StatusTopic
Definition and characteristics of status · Factors affecting status · Constitutional influences on status (equality clause s 9)
- DomicileTopic
Domicile of origin · Domicile of choice (requirements: residence + animus manendi) · Domicile of dependent persons (minors, mental illness)
- MinorityTopic
Definition of minority (under 18 – Children's Act 38 of 2005) · Legal capacity to act: categories of acts · Contractual capacity: assisted vs unassisted contracts
- Mental Illness & Related IncapacitiesTopic
Mental illness: definition and legal effect · Lucid intervals · Curatorship (curator bonis, curator ad litem)
- ProdigalityTopic
Definition of prodigal · Declaration of prodigality by court · Effect on legal capacity
- InsolvencyTopic
Effect of sequestration on legal capacity · Insolvency Act 24 of 1936 – key provisions · Capacity to litigate
- Juristic PersonsTopic
Definition and characteristics · Types: companies, close corporations, associations, public entities · Non-legal personality: trusts and partnerships
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Flashcards
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Define legal personality and explain when it begins for natural persons.
(2005) ZASCA 65 - Ex Parte Boedel Steenkamp
What is the nasciturus fiction and what three requirements must be satisfied for its application?
(1962) 3 SA 954 (O) - Ex Parte Boedel Steenkamp
Explain the application of nasciturus in succession law (testate and intestate).
(1962) 3 SA 954 (O)
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