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•describe the effect of a presumption of death, especially regarding the statutory and common
law presumptions of death as well as the effect each of these two procedures will have on the
dissolution of the marriage. The following cases is of the utmost importance - Re Beaglehole
and Ex parte Pieters. - ✔✔✔-
•discuss the question whether mere prolonged absence will be enough to persuade the court to
issue a presumption of death (know the factors that a court will consider when hearing an
application for a presumption of death) - ✔✔✔-
A presumption of death order was expressed in terms of the inquest act of 1959. Is a separate
application necessary to dissolve the marriage- explain to reference to authority - ✔✔✔-Section
2 of the Dissolution of Marriages on Presumption of Death act provides that a presumption of
death that is expressed in terms of the inquest act, and confirmed that by the high court,
automatically dissolves the existing marriage or civil union of the person concerned. In this case
no special application for the dissolution of marriage or civil union needs to be made. The
marriage or civil union is them also deemed to have been dissolved by death as from the date
recorded in the courts finding as the date on which the person died.
(statutory)
abeyance - ✔✔✔-the position of being without, or of waiting for, an owner or claimant.
the interests are kept aside until the child is born, and at birth receives the interests
Agreement: - ✔✔✔-Conscious meeting of minds (consensus ad idem) between two or more
persons. An agreement creating obligations is known as a contract.
capacity to act - ✔✔✔-refers to the capacity to perform valid juristic acts.
, Law of Persons PVL 1501 Exam Questions and Answers (2025-2026) – 100%
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juristic act is a human act to which the law attaches at least some of the consequences desired
by the party performing the act
Capacity to act: - ✔✔✔-The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
capacity to be held accountable for the crimes and delicts - ✔✔✔-this capacity is to a large
extent influenced bt a person's age and mental condition because fault in the form if either
(dolus) or negligence(culpa) is, generally speaking, a requirement for criminal and delictual
liability
capacity to litigate - ✔✔✔-the capacity to appear in court as a party to a lawsuit
Capacity to litigate: - ✔✔✔-The capacity to appear in court as a party to a
suit.
Child born of married parents and child born of unmarried parents: - ✔✔✔-A child born of
married parents is a child who is born of parents who are legally married to each other at the
time of the
child's conception or birth or at any intervening time. Marriage includes civil, customary and
religious marriages as well as civil unions. If a child's parents are not parties to a valid marriage
or civil union with each other at the time of the child's conception or birth or at any intervening
time, the child is a child born of unmarried parents.
Contract: - ✔✔✔-An agreement entered into with the intention of creating an obligation or
obligations.