⋆
]]
PVL1501: LAW OF PERSONS
OCT/NOV Examination 2026
Comprehensive Revision Guide — Covering Papers 2023 to 2025
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
SOUTH AFRICAN PRIVATE LAW
Exam Revision Guide
PVL1501
Module Code:
Law of Persons
Module Name:
OCT/NOV 2023, OCT/NOV 2024,
Papers Covered:
OCT/NOV 2025
50 Multiple Choice Questions (MCQs)
Format:
100 (2 marks per question)
Total Marks:
2 Hours
Duration:
Study this guide carefully. Work through every question before checking the answer.
Understanding beats memorisation every time.
PVL1501 Exam Revision · Law of Persons · OCT/NOV 2026
,PVL1501 | Exam Revision 2026 Law of Persons
PART A: OCT/NOV 2025 Examination
50 MCQs × 2 marks each = 100 marks. Topics: Legal personality, beginning and end of personality,
domicile, status, minority, marital power, juristic persons.
Question 1 [2 marks]
Question: Which one of the following is NOT recognised as a legal subject in South
African law?
1. A severely deformed baby that died immediately after birth.
2. A person who is 80 years old.
3. A child attending primary school.
4. A company registered under the Companies Act.
Answer: Option 1
Key Concept
Legal personality begins at birth when three requirements are met: (1) the birth must
be complete (full separation of child from mother), (2) the child must be born alive
(even briefly), and (3) the child must be human. A severely deformed baby can still
be a legal subject if born alive, but a child born dead or dying immediately does not
acquire legal personality.
A child who dies immediately after birth and, in light of human experience, had no real chance
of survival is not recognised as a legal subject. The other options are all legal subjects: an
elderly person, a primary school child, and a company (juristic person) all have full or partial
legal personality.
Exam Tip
The key distinction the examiners test is between legal subjecthood and legal ca-
pacity. Every human being born alive is a legal subject. A deformed baby born alive,
even briefly, IS a legal subject. The answer turns on whether the baby was born alive at
all.
Page 2 of 31
,PVL1501 | Exam Revision 2026 Law of Persons
Question 2 [2 marks]
Question: The nasciturus fiction applies in which one of the following circumstances?
1. When a foetus is born alive but is severely ill.
2. When a conceived child benefits from an act performed before its birth, provided it is
later born alive.
3. When a foetus inherits property before it is born.
4. When a stillborn child is treated as a legal subject for burial purposes.
Answer: Option 2
Key Concept
The nasciturus fiction (from the Latin nasciturus = one about to be born) treats
an unborn child as if already born whenever it is to the child’s benefit. The fiction is
limited: it applies only (a) if the child would benefit, and (b) if the child is subsequently
born alive.
The fiction does not grant the foetus general legal personality. It is a targeted legal device
applied retroactively when the child benefits from an act or event that occurred before birth,
such as inheriting under a will, receiving a legacy, or claiming damages for injuries caused in
utero.
Example
In Ex Parte Boedel Steenkamp 1962 (3) SA 954 (O), the court recognised that an un-
born child could inherit from a deceased father’s estate. The nasciturus fiction was
applied so that the estate could be distributed as if the child had already been born at
the time of the father’s death, provided the child was subsequently born alive.
Page 3 of 31
,PVL1501 | Exam Revision 2026 Law of Persons
Question 3 [2 marks]
Question: Nomsa Khumalo, a single woman, recently gave birth to a baby girl, Thabiso.
Thabiso was born through artificial fertilisation using a sperm donor, Peter Sibanyone.
Under which of the following names may Nomsa register Thabiso under the Births and
Deaths Registration Act 51 of 1992?
1. Thabiso Sibanyone only, because Peter is the biological father.
2. Thabiso Khumalo only, because Peter’s identity as sperm donor excludes parental
rights.
3. Thabiso Khumalo or Thabiso Sibanyone, at Nomsa’s choice.
4. Thabiso Khumalo-Sibanyone, to reflect both parents.
Answer: Option 3
A child born of artificial fertilisation to an unmarried mother may be registered under the
mother’s surname or, if the biological father acknowledges paternity, under the father’s sur-
name or a combination. The Births and Deaths Registration Act 51 of 1992 gives the
mother flexibility in registration where the father has not been formally identified as a parent.
Watch Out
Section 1(1) of the Children’s Act 38 of 2005 expressly excludes a sperm donor from au-
tomatically qualifying as a parent. Donating sperm does not, by itself, create parental
rights or responsibilities. This is a common exam trap!
Page 4 of 31
,PVL1501 | Exam Revision 2026 Law of Persons
Question 4 [2 marks]
Question: Mark has been missing for seven years since he went surfing and disappeared
without a trace off the Namibian Coast. Who may approach the High Court for an order
presuming his death?
1. Only the state attorney.
2. Any interested party, including Mark’s spouse, heirs, or creditors.
3. Only Mark’s next of kin.
4. Only the Master of the High Court.
Answer: Option 2
Key Concept
Under the Dissolution of Marriages on Presumption of Death Act 23 of 1979
and common law, any person with a sufficient interest may apply to the High Court for
a presumption of death order. The court has jurisdiction over the matter if the missing
person was domiciled in that court’s area when last seen.
“Any interested party” is a broad category that includes a spouse (who wants to remarry),
heirs (who want the estate distributed), and creditors (who want to pursue the estate). The
application goes to the High Court of the area where the missing person was domi-
ciled at the time of disappearance.
Exam Tip
Remember that a presumption of death order does not prove the person is actually
dead — it is a legal presumption. If the person later reappears alive, the order may be
set aside.
Page 5 of 31
, PVL1501 | Exam Revision 2026 Law of Persons
Question 5 [2 marks]
Question: The statements below deal with the registration of deaths and the duty to bury
the deceased. Choose the ONLY INCORRECT option.
1. Anyone who was present when someone died, became aware of it, or is in charge of the
funeral must notify the Director-General of Home Affairs.
2. The duty to bury a deceased person vests in the heirs of the deceased.
3. The duty to bury takes priority over any instructions left by the deceased in their will.
4. A stillborn child must also be registered in terms of the Births and Deaths Registration
Act 51 of 1992.
Answer: Option 3
The deceased’s wishes about burial do carry weight in our law. While the duty to bury vests
primarily in the heirs, the deceased’s expressed burial instructions (especially in a will) are
legally recognised and should generally be followed. The statement that such instructions
carry no weight and that the duty overrides them is incorrect.
Example
In Ntando’s burial scenario (a recurring PVL1501 factual pattern), the heirs could not
agree on where to bury the deceased. The court would look at the deceased’s last ex-
pressed wishes, including any instruction in a will, and those wishes generally prevail
over the preferences of the heirs.
Page 6 of 31
]]
PVL1501: LAW OF PERSONS
OCT/NOV Examination 2026
Comprehensive Revision Guide — Covering Papers 2023 to 2025
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
SOUTH AFRICAN PRIVATE LAW
Exam Revision Guide
PVL1501
Module Code:
Law of Persons
Module Name:
OCT/NOV 2023, OCT/NOV 2024,
Papers Covered:
OCT/NOV 2025
50 Multiple Choice Questions (MCQs)
Format:
100 (2 marks per question)
Total Marks:
2 Hours
Duration:
Study this guide carefully. Work through every question before checking the answer.
Understanding beats memorisation every time.
PVL1501 Exam Revision · Law of Persons · OCT/NOV 2026
,PVL1501 | Exam Revision 2026 Law of Persons
PART A: OCT/NOV 2025 Examination
50 MCQs × 2 marks each = 100 marks. Topics: Legal personality, beginning and end of personality,
domicile, status, minority, marital power, juristic persons.
Question 1 [2 marks]
Question: Which one of the following is NOT recognised as a legal subject in South
African law?
1. A severely deformed baby that died immediately after birth.
2. A person who is 80 years old.
3. A child attending primary school.
4. A company registered under the Companies Act.
Answer: Option 1
Key Concept
Legal personality begins at birth when three requirements are met: (1) the birth must
be complete (full separation of child from mother), (2) the child must be born alive
(even briefly), and (3) the child must be human. A severely deformed baby can still
be a legal subject if born alive, but a child born dead or dying immediately does not
acquire legal personality.
A child who dies immediately after birth and, in light of human experience, had no real chance
of survival is not recognised as a legal subject. The other options are all legal subjects: an
elderly person, a primary school child, and a company (juristic person) all have full or partial
legal personality.
Exam Tip
The key distinction the examiners test is between legal subjecthood and legal ca-
pacity. Every human being born alive is a legal subject. A deformed baby born alive,
even briefly, IS a legal subject. The answer turns on whether the baby was born alive at
all.
Page 2 of 31
,PVL1501 | Exam Revision 2026 Law of Persons
Question 2 [2 marks]
Question: The nasciturus fiction applies in which one of the following circumstances?
1. When a foetus is born alive but is severely ill.
2. When a conceived child benefits from an act performed before its birth, provided it is
later born alive.
3. When a foetus inherits property before it is born.
4. When a stillborn child is treated as a legal subject for burial purposes.
Answer: Option 2
Key Concept
The nasciturus fiction (from the Latin nasciturus = one about to be born) treats
an unborn child as if already born whenever it is to the child’s benefit. The fiction is
limited: it applies only (a) if the child would benefit, and (b) if the child is subsequently
born alive.
The fiction does not grant the foetus general legal personality. It is a targeted legal device
applied retroactively when the child benefits from an act or event that occurred before birth,
such as inheriting under a will, receiving a legacy, or claiming damages for injuries caused in
utero.
Example
In Ex Parte Boedel Steenkamp 1962 (3) SA 954 (O), the court recognised that an un-
born child could inherit from a deceased father’s estate. The nasciturus fiction was
applied so that the estate could be distributed as if the child had already been born at
the time of the father’s death, provided the child was subsequently born alive.
Page 3 of 31
,PVL1501 | Exam Revision 2026 Law of Persons
Question 3 [2 marks]
Question: Nomsa Khumalo, a single woman, recently gave birth to a baby girl, Thabiso.
Thabiso was born through artificial fertilisation using a sperm donor, Peter Sibanyone.
Under which of the following names may Nomsa register Thabiso under the Births and
Deaths Registration Act 51 of 1992?
1. Thabiso Sibanyone only, because Peter is the biological father.
2. Thabiso Khumalo only, because Peter’s identity as sperm donor excludes parental
rights.
3. Thabiso Khumalo or Thabiso Sibanyone, at Nomsa’s choice.
4. Thabiso Khumalo-Sibanyone, to reflect both parents.
Answer: Option 3
A child born of artificial fertilisation to an unmarried mother may be registered under the
mother’s surname or, if the biological father acknowledges paternity, under the father’s sur-
name or a combination. The Births and Deaths Registration Act 51 of 1992 gives the
mother flexibility in registration where the father has not been formally identified as a parent.
Watch Out
Section 1(1) of the Children’s Act 38 of 2005 expressly excludes a sperm donor from au-
tomatically qualifying as a parent. Donating sperm does not, by itself, create parental
rights or responsibilities. This is a common exam trap!
Page 4 of 31
,PVL1501 | Exam Revision 2026 Law of Persons
Question 4 [2 marks]
Question: Mark has been missing for seven years since he went surfing and disappeared
without a trace off the Namibian Coast. Who may approach the High Court for an order
presuming his death?
1. Only the state attorney.
2. Any interested party, including Mark’s spouse, heirs, or creditors.
3. Only Mark’s next of kin.
4. Only the Master of the High Court.
Answer: Option 2
Key Concept
Under the Dissolution of Marriages on Presumption of Death Act 23 of 1979
and common law, any person with a sufficient interest may apply to the High Court for
a presumption of death order. The court has jurisdiction over the matter if the missing
person was domiciled in that court’s area when last seen.
“Any interested party” is a broad category that includes a spouse (who wants to remarry),
heirs (who want the estate distributed), and creditors (who want to pursue the estate). The
application goes to the High Court of the area where the missing person was domi-
ciled at the time of disappearance.
Exam Tip
Remember that a presumption of death order does not prove the person is actually
dead — it is a legal presumption. If the person later reappears alive, the order may be
set aside.
Page 5 of 31
, PVL1501 | Exam Revision 2026 Law of Persons
Question 5 [2 marks]
Question: The statements below deal with the registration of deaths and the duty to bury
the deceased. Choose the ONLY INCORRECT option.
1. Anyone who was present when someone died, became aware of it, or is in charge of the
funeral must notify the Director-General of Home Affairs.
2. The duty to bury a deceased person vests in the heirs of the deceased.
3. The duty to bury takes priority over any instructions left by the deceased in their will.
4. A stillborn child must also be registered in terms of the Births and Deaths Registration
Act 51 of 1992.
Answer: Option 3
The deceased’s wishes about burial do carry weight in our law. While the duty to bury vests
primarily in the heirs, the deceased’s expressed burial instructions (especially in a will) are
legally recognised and should generally be followed. The statement that such instructions
carry no weight and that the duty overrides them is incorrect.
Example
In Ntando’s burial scenario (a recurring PVL1501 factual pattern), the heirs could not
agree on where to bury the deceased. The court would look at the deceased’s last ex-
pressed wishes, including any instruction in a will, and those wishes generally prevail
over the preferences of the heirs.
Page 6 of 31
