PVL3701 – Law of Persons
UNIVERSITY OF SOUTH AFRICA
Faculty of Law – Department of Private Law
PVL3701 – LAW OF PERSONS
MODULE CODE: PVL3701
MODULE NAME: Law of Persons
EXAMINATION Semester Examination (Sample)
TYPE:
DURATION: 2 Hours
TOTAL MARKS: 100
PASS MARK: 50%
EXAMINER: Department of Private Law
MODERATOR: Internal Moderation
MARK ALLOCATION TABLE
QUESTION TOPIC MARKS SCORED
University of South Africa (UNISA) | Department of Private Law | Page
, PVL3701 – Law of Persons
1 Legal Subjectivity, Beginning & End of 25
Legal Personality
2 Status, Domicile & Absence 25
3 Marriage, Minority & Capacity 25
4 Curatorship, Insolvency & Prodigality 25
TOTAL 100
QUESTION 1: LEGAL SUBJECTIVITY, PERSONALITY & ITS
BEGINNING AND END
[25 MARKS]
QUESTION 1.1
Read the following scenario and answer the questions that follow:
SCENARIO A:
Thandi, who is 8 months pregnant, is involved in a serious motor vehicle
accident caused by the negligence of a drunk driver. As a direct result of the
collision, Thandi gives birth prematurely to a baby boy, Lebo. Lebo is born
alive but dies three days later from complications arising from the premature
birth. Thandi and her husband, Sipho, wish to institute a delictual claim
against the drunk driver for the harm suffered. They also wish to claim on
behalf of Lebo for any prospective loss he may have suffered.
1. Briefly explain the concept of "legal subjectivity" and state when a
natural person acquires legal subjectivity in South African law. Refer to
relevant authority. [4]
2. Did the unborn child (nasciturus) have any legal subjectivity before birth?
Discuss with reference to the nasciturus fiction and relevant case law. [6]
University of South Africa (UNISA) | Department of Private Law | Page
UNIVERSITY OF SOUTH AFRICA
Faculty of Law – Department of Private Law
PVL3701 – LAW OF PERSONS
MODULE CODE: PVL3701
MODULE NAME: Law of Persons
EXAMINATION Semester Examination (Sample)
TYPE:
DURATION: 2 Hours
TOTAL MARKS: 100
PASS MARK: 50%
EXAMINER: Department of Private Law
MODERATOR: Internal Moderation
MARK ALLOCATION TABLE
QUESTION TOPIC MARKS SCORED
University of South Africa (UNISA) | Department of Private Law | Page
, PVL3701 – Law of Persons
1 Legal Subjectivity, Beginning & End of 25
Legal Personality
2 Status, Domicile & Absence 25
3 Marriage, Minority & Capacity 25
4 Curatorship, Insolvency & Prodigality 25
TOTAL 100
QUESTION 1: LEGAL SUBJECTIVITY, PERSONALITY & ITS
BEGINNING AND END
[25 MARKS]
QUESTION 1.1
Read the following scenario and answer the questions that follow:
SCENARIO A:
Thandi, who is 8 months pregnant, is involved in a serious motor vehicle
accident caused by the negligence of a drunk driver. As a direct result of the
collision, Thandi gives birth prematurely to a baby boy, Lebo. Lebo is born
alive but dies three days later from complications arising from the premature
birth. Thandi and her husband, Sipho, wish to institute a delictual claim
against the drunk driver for the harm suffered. They also wish to claim on
behalf of Lebo for any prospective loss he may have suffered.
1. Briefly explain the concept of "legal subjectivity" and state when a
natural person acquires legal subjectivity in South African law. Refer to
relevant authority. [4]
2. Did the unborn child (nasciturus) have any legal subjectivity before birth?
Discuss with reference to the nasciturus fiction and relevant case law. [6]
University of South Africa (UNISA) | Department of Private Law | Page
