PVL 1501 Final revision pack

LAW OF PERSONS THE ULTIMATE LAW OF PERSON’S EXAM PACK: 1 Simplified notes 2 Summarised court cases 3 Past exam papers with solutions Compiled by Stacy. Introduction Law of persons Law of persons determines: 1. which beings are legal subjects 2. how a legal subject originates and comes to an end 3. what legal status involves 4. what effect various factors have on a person's legal status Confined to treatment of the natural person only: not juristic persons. Deals virtually exclusively with the status of natural persons in the field of private law. Different kinds of legal subjects Legal personality is bestowed only on legal subjects. In SA we have: 1. The natural person 2. The juristic person Factors determining recognition as a legal subjects Legal personality is conferred only to entities the law sees fit to recognize as legal subjects. The following factors determine what is recognized as a legal entity within a country: 1. Legal norms and views of a particular community 2. The needs of commercial traffic 3. Historic and cultural background of a specific nation Thus, as these factors change, what is recognized as a legal entity is subject to change. Natural Person All human beings, irrespective of age, mental capacity or intellectual capacity, are recognized as legal subjects: known as “natural persons” Thus: every human can have rights, duties and capacities based on mental capacity & age. Exceptions before modern law Slavery was not abolished in the Cape until 1834: until then slaves in SA were legal objects who could not have rights, duties or capacities. Monstra: babies born so deformed that they lacked the human form and human mind were not legal subjects under Roman & Roman Dutch law: today any abomination is regarded as a legal subject. Juristic person Legal personality is also bestowed on certain associations of natural persons. Compiled by Stacy. The association itself is granted legal personality and is called a juristic person. Characteristics of a juristic person 1. Enjoys a legal existence independent from its members or the people who created it 2. Must always act through its functionaries, i.e. directors of a company 3. When functionaries act on behalf of the juristic person, it juristic person acquires rights, duties and capacities, i.e. be bind itself to a contract, be owner of things, etc. What is recognized as juristic persons? 1. Associations incorporated in terms of general enabling legislation, i.e. companies, banks, close corporations and co-operatives 2. Associations especially created and recognized as juristic persons in separate legislation, i.e. universities, semi-state organizations, public corporations (Eskom, SABC) 3. Associations which comply with the common-law requirements for the recognition of legal personality of a juristic person, i.e. churches, political parties, trade unions: known as universitates: Must meet following requirements: a. Association must have a continued existence irrespective of the fact that its members may vary b. Must have rights, duties and capacities c. Its object must not be the acquisition of gain Trusts and partnerships are not recognized. Beginning of legal personality Legal personality begins at birth: foetus is not a legal subject. Requirements for the beginning of legal personality: 1. Birth must be fully completed: complete separation between mother &foetus; umbilical cord does not have to be severed 2. Child must live after the separation: stillborn foetus does not acquire legal personality. Viability (child can live independently of mother) is not a requirement for commencement of legal personality in South Africa due to viability being a vague concept that could lead to impossible problems of evidence (how to determine viability, length of life before viable, etc.). Determining whether a child was alive 1. Purposes of criminal proceedings: Section 239(1) of the Criminal Procedure Act 51 of 1977: if the child has breathed, it was alive; child did not have to have independent circulation; child does not have to be entirely separated from its mother. Compiled by Stacy. 2. Courts: rely on medical evidence: normally whether child breathed or not; any other medical evidence by which life may be proved should be acceptable. Registration of births Births and Deaths Registration Act 51 of 1992 1. The Director General of Home Affairs must be notified of the birth of every child that was born alive within 30 days of the child’s birth. 2. Duty rests on the parents to give notice: if neither can, notice must be given by: d. The person who has charge of the child e. The person the parents requests to do so 1. Anyone may apply to the Director General to assume a different surname 2. If a child’s surname has changed, the birth register may be changed to reflect the change. Naming of legitimate children under the act