Academic Year 2026–2027 UNISA Assignment: PVL1501 Law of
Persons Fully Solved Assignment with Verified Answers | Legal
Capacity, Minority Status, Marriage Law, Legal Personality, Rights
of Individuals and South African Private Law Principles
Question 1: In South African law, when does legal personality of a natural person
generally begin?
A. At conception
B. At viability of the foetus
C. At birth, provided the child is born alive
D. At registration of birth
CORRECT ANSWER: C. At birth, provided the child is born alive
Rationale: In South African law, legal personality commences at birth, but only if the
child is born alive. This principle ensures certainty in legal relationships and aligns with
Roman-Dutch law foundations. A foetus does not possess legal personality, though its
interests may be protected through the nasciturus fiction where advantageous.
Question 2: Which of the following best describes a juristic person in South African
law?
A. A human being with full legal capacity
B. An entity created by law that can hold rights and duties
C. A minor under the age of 18 years
D. A foreign national residing in South Africa
CORRECT ANSWER: B. An entity created by law that can hold rights and duties
Rationale: A juristic person is a legal entity, such as a company, close corporation, or
university, that is recognised by law as having legal personality separate from its
members. It can acquire rights, incur duties, and sue or be sued in its own name, unlike
natural persons who are human beings.
Question 3: The nasciturus fiction in South African law operates on the principle
that:
A. An unborn child has full legal personality from conception
B. An unborn child is deemed born whenever it is to its advantage, provided it is
subsequently born alive
C. A foetus can inherit property only if named in a will
D. Legal personality can be backdated to conception for all purposes
CORRECT ANSWER: B. An unborn child is deemed born whenever it is to its
advantage, provided it is subsequently born alive
Rationale: The nasciturus fiction is a common law principle that protects the potential
interests of an unborn child. It operates conditionally: if it benefits the nasciturus and
,the child is subsequently born alive, the law treats the child as having been born at the
time the benefit arose. This fiction is primarily applied in succession and delict.
Question 4: Which factor does NOT affect a person's legal status in South African
law?
A. Age
B. Mental illness
C. Eye colour
D. Citizenship
CORRECT ANSWER: C. Eye colour
Rationale: Legal status refers to attributes that affect a person's legal capacity or
position, such as age (minority), mental illness (capacity to act), citizenship (rights and
obligations), marital status, and insolvency. Physical characteristics like eye colour
have no bearing on legal status or capacity in South African law.
Question 5: In South African law, domicile of origin is acquired:
A. When a person turns 18 years of age
B. At birth, based on the father's domicile if the child is legitimate
C. Only upon formal application to the Department of Home Affairs
D. When a person permanently immigrates to South Africa
CORRECT ANSWER: B. At birth, based on the father's domicile if the child is
legitimate
Rationale: Domicile of origin is acquired automatically at birth. For a legitimate child, it
is the domicile of the father at the time of birth; for an illegitimate child or one born after
the father's death, it is the mother's domicile. This domicile persists until a new
domicile of choice is validly acquired.
Question 6: Which statement accurately reflects the legal position of a minor in
South African law?
A. A minor has no legal capacity whatsoever
B. A minor has full capacity to act in all legal matters
C. A minor has legal capacity but limited capacity to act, requiring assistance in certain
transactions
D. A minor can only enter contracts for necessities
CORRECT ANSWER: C. A minor has legal capacity but limited capacity to act,
requiring assistance in certain transactions
Rationale: Minors possess legal personality and thus legal capacity (the ability to hold
rights and duties), but their capacity to act (the ability to exercise those rights through
juristic acts) is limited. They generally require assistance from a guardian for contracts,
litigation, and other significant legal acts, with exceptions for purely beneficial
transactions or necessities.
,Question 7: The term "status" in the Law of Persons refers to:
A. A person's social standing or reputation
B. The sum total of factors that determine a person's legal position and capacity
C. A person's financial net worth
D. The official title or rank held by a person
CORRECT ANSWER: B. The sum total of factors that determine a person's legal
position and capacity
Rationale: In the Law of Persons, status denotes the collection of attributes—such as
age, citizenship, mental condition, marital status, and insolvency—that influence a
person's legal capacity, rights, and obligations. It is a technical legal concept distinct
from social status or reputation.
Question 8: Which of the following is a requirement for a valid change of domicile
of choice in South African law?
A. Formal registration with the High Court
B. Physical presence in the new location plus the intention to settle there permanently
or indefinitely
C. Obtaining citizenship of the new country
D. Selling all property in the previous domicile
CORRECT ANSWER: B. Physical presence in the new location plus the intention to
settle there permanently or indefinitely
Rationale: To acquire a domicile of choice, two elements must coincide: factual
residence (animus manendi) and the intention to remain there permanently or
indefinitely (animus residendi). Neither formal registration nor citizenship is required;
the focus is on objective facts demonstrating both elements.
Question 9: In South African law, a person declared prodigal is placed under
curatorship primarily to:
A. Punish the person for reckless spending
B. Protect the person's estate from being dissipated to the detriment of dependants
C. Enable the state to confiscate the person's assets
D. Allow creditors to seize assets without due process
CORRECT ANSWER: B. Protect the person's estate from being dissipated to the
detriment of dependants
Rationale: Prodigality refers to reckless and wasteful spending that threatens the
financial stability of a person and their dependants. A court may declare a person
prodigal and appoint a curator to manage their estate, not as punishment but as
protective measure to preserve assets for the prodigal and their family.
Question 10: Which document is prima facie proof of a person's age, citizenship,
and identity in South Africa?
, A. Birth certificate
B. Driver's licence
C. Identity document issued in terms of the Identification Act
D. Passport
CORRECT ANSWER: C. Identity document issued in terms of the Identification Act
Rationale: The Identification Act 68 of 1997 provides that an identity document issued
by the Department of Home Affairs serves as prima facie proof of the holder's identity,
age, and citizenship. While birth certificates and passports are important, the ID
document is the primary statutory instrument for these purposes in domestic legal
contexts.
Question 11: The legal concept of "ubuntu" in South African Law of Persons
emphasizes:
A. Strict individualism and self-reliance
B. Communal interdependence, human dignity, and restorative justice
C. Economic efficiency in legal transactions
D. Hierarchical authority within families
CORRECT ANSWER: B. Communal interdependence, human dignity, and
restorative justice
Rationale: Ubuntu, recognized in the Constitution and jurisprudence, infuses the Law of
Persons with values of communal harmony, respect for human dignity, and restorative
approaches. It influences interpretations of capacity, status, and rights, promoting a
humane and socially responsive legal framework.
Question 12: A person who has been missing for a prolonged period may be
presumed dead in South African law through:
A. Automatic presumption after seven years
B. A court order in terms of the Presumption of Death Act 23 of 1979
C. Declaration by the Minister of Home Affairs
D. Publication of a notice in the Government Gazette
CORRECT ANSWER: B. A court order in terms of the Presumption of Death Act 23 of
1979
Rationale: The Presumption of Death Act provides a judicial procedure whereby an
interested party may apply to the High Court for an order presuming a missing person
dead. The court considers evidence of absence, circumstances of disappearance, and
likelihood of death before granting such an order, which has legal effects similar to
actual death.
Question 13: In South African law, a minor who is married:
A. Automatically attains majority status
B. Remains a minor but may have enhanced capacity in certain matters related to the
Persons Fully Solved Assignment with Verified Answers | Legal
Capacity, Minority Status, Marriage Law, Legal Personality, Rights
of Individuals and South African Private Law Principles
Question 1: In South African law, when does legal personality of a natural person
generally begin?
A. At conception
B. At viability of the foetus
C. At birth, provided the child is born alive
D. At registration of birth
CORRECT ANSWER: C. At birth, provided the child is born alive
Rationale: In South African law, legal personality commences at birth, but only if the
child is born alive. This principle ensures certainty in legal relationships and aligns with
Roman-Dutch law foundations. A foetus does not possess legal personality, though its
interests may be protected through the nasciturus fiction where advantageous.
Question 2: Which of the following best describes a juristic person in South African
law?
A. A human being with full legal capacity
B. An entity created by law that can hold rights and duties
C. A minor under the age of 18 years
D. A foreign national residing in South Africa
CORRECT ANSWER: B. An entity created by law that can hold rights and duties
Rationale: A juristic person is a legal entity, such as a company, close corporation, or
university, that is recognised by law as having legal personality separate from its
members. It can acquire rights, incur duties, and sue or be sued in its own name, unlike
natural persons who are human beings.
Question 3: The nasciturus fiction in South African law operates on the principle
that:
A. An unborn child has full legal personality from conception
B. An unborn child is deemed born whenever it is to its advantage, provided it is
subsequently born alive
C. A foetus can inherit property only if named in a will
D. Legal personality can be backdated to conception for all purposes
CORRECT ANSWER: B. An unborn child is deemed born whenever it is to its
advantage, provided it is subsequently born alive
Rationale: The nasciturus fiction is a common law principle that protects the potential
interests of an unborn child. It operates conditionally: if it benefits the nasciturus and
,the child is subsequently born alive, the law treats the child as having been born at the
time the benefit arose. This fiction is primarily applied in succession and delict.
Question 4: Which factor does NOT affect a person's legal status in South African
law?
A. Age
B. Mental illness
C. Eye colour
D. Citizenship
CORRECT ANSWER: C. Eye colour
Rationale: Legal status refers to attributes that affect a person's legal capacity or
position, such as age (minority), mental illness (capacity to act), citizenship (rights and
obligations), marital status, and insolvency. Physical characteristics like eye colour
have no bearing on legal status or capacity in South African law.
Question 5: In South African law, domicile of origin is acquired:
A. When a person turns 18 years of age
B. At birth, based on the father's domicile if the child is legitimate
C. Only upon formal application to the Department of Home Affairs
D. When a person permanently immigrates to South Africa
CORRECT ANSWER: B. At birth, based on the father's domicile if the child is
legitimate
Rationale: Domicile of origin is acquired automatically at birth. For a legitimate child, it
is the domicile of the father at the time of birth; for an illegitimate child or one born after
the father's death, it is the mother's domicile. This domicile persists until a new
domicile of choice is validly acquired.
Question 6: Which statement accurately reflects the legal position of a minor in
South African law?
A. A minor has no legal capacity whatsoever
B. A minor has full capacity to act in all legal matters
C. A minor has legal capacity but limited capacity to act, requiring assistance in certain
transactions
D. A minor can only enter contracts for necessities
CORRECT ANSWER: C. A minor has legal capacity but limited capacity to act,
requiring assistance in certain transactions
Rationale: Minors possess legal personality and thus legal capacity (the ability to hold
rights and duties), but their capacity to act (the ability to exercise those rights through
juristic acts) is limited. They generally require assistance from a guardian for contracts,
litigation, and other significant legal acts, with exceptions for purely beneficial
transactions or necessities.
,Question 7: The term "status" in the Law of Persons refers to:
A. A person's social standing or reputation
B. The sum total of factors that determine a person's legal position and capacity
C. A person's financial net worth
D. The official title or rank held by a person
CORRECT ANSWER: B. The sum total of factors that determine a person's legal
position and capacity
Rationale: In the Law of Persons, status denotes the collection of attributes—such as
age, citizenship, mental condition, marital status, and insolvency—that influence a
person's legal capacity, rights, and obligations. It is a technical legal concept distinct
from social status or reputation.
Question 8: Which of the following is a requirement for a valid change of domicile
of choice in South African law?
A. Formal registration with the High Court
B. Physical presence in the new location plus the intention to settle there permanently
or indefinitely
C. Obtaining citizenship of the new country
D. Selling all property in the previous domicile
CORRECT ANSWER: B. Physical presence in the new location plus the intention to
settle there permanently or indefinitely
Rationale: To acquire a domicile of choice, two elements must coincide: factual
residence (animus manendi) and the intention to remain there permanently or
indefinitely (animus residendi). Neither formal registration nor citizenship is required;
the focus is on objective facts demonstrating both elements.
Question 9: In South African law, a person declared prodigal is placed under
curatorship primarily to:
A. Punish the person for reckless spending
B. Protect the person's estate from being dissipated to the detriment of dependants
C. Enable the state to confiscate the person's assets
D. Allow creditors to seize assets without due process
CORRECT ANSWER: B. Protect the person's estate from being dissipated to the
detriment of dependants
Rationale: Prodigality refers to reckless and wasteful spending that threatens the
financial stability of a person and their dependants. A court may declare a person
prodigal and appoint a curator to manage their estate, not as punishment but as
protective measure to preserve assets for the prodigal and their family.
Question 10: Which document is prima facie proof of a person's age, citizenship,
and identity in South Africa?
, A. Birth certificate
B. Driver's licence
C. Identity document issued in terms of the Identification Act
D. Passport
CORRECT ANSWER: C. Identity document issued in terms of the Identification Act
Rationale: The Identification Act 68 of 1997 provides that an identity document issued
by the Department of Home Affairs serves as prima facie proof of the holder's identity,
age, and citizenship. While birth certificates and passports are important, the ID
document is the primary statutory instrument for these purposes in domestic legal
contexts.
Question 11: The legal concept of "ubuntu" in South African Law of Persons
emphasizes:
A. Strict individualism and self-reliance
B. Communal interdependence, human dignity, and restorative justice
C. Economic efficiency in legal transactions
D. Hierarchical authority within families
CORRECT ANSWER: B. Communal interdependence, human dignity, and
restorative justice
Rationale: Ubuntu, recognized in the Constitution and jurisprudence, infuses the Law of
Persons with values of communal harmony, respect for human dignity, and restorative
approaches. It influences interpretations of capacity, status, and rights, promoting a
humane and socially responsive legal framework.
Question 12: A person who has been missing for a prolonged period may be
presumed dead in South African law through:
A. Automatic presumption after seven years
B. A court order in terms of the Presumption of Death Act 23 of 1979
C. Declaration by the Minister of Home Affairs
D. Publication of a notice in the Government Gazette
CORRECT ANSWER: B. A court order in terms of the Presumption of Death Act 23 of
1979
Rationale: The Presumption of Death Act provides a judicial procedure whereby an
interested party may apply to the High Court for an order presuming a missing person
dead. The court considers evidence of absence, circumstances of disappearance, and
likelihood of death before granting such an order, which has legal effects similar to
actual death.
Question 13: In South African law, a minor who is married:
A. Automatically attains majority status
B. Remains a minor but may have enhanced capacity in certain matters related to the
