PVL1501 EXAMPACK

Exampack 2016 PVL1501 PHIDZA LSLSS 1 Table of Contents JUNE 2013 ...............................................................................................................................................2 NOVEMBER 2013 ....................................................................................................................................5 JUNE 2014 ...............................................................................................................................................9 NOVEMBER 2014 ..................................................................................................................................13 JUNE 2015 .............................................................................................................................................17 2 JUNE 2013 SECTION A 1. 2 2. 2 3. 3 4. 4 5. 3 6. 2 7. 4 8. 3 9. 2 10. 2 11. 1 12. 4 13. 4 14. 4 15. 4 SECTION B 1. (a) 30 days ii. Grace may apply to have Cynthia’s surname changed to the surname she bears. She needs the written consent of Frank as well as the written consent of her new husband Brian unless the court dispenses with consent. (b) The nasciturus must have been conceived at the time that the benefit would have occurred to him or her. The child must be alive. © Chisholm v East Rand Proprietary Mines ltd. (d) The continued pregnancy will pose a risk of injury to the woman’s physical or mental health. -If there is a substantial risk that the foetus will suffer from a severe physical or mental abnormality. -If pregnancy resulted from rape or incest. 3 - if pregnancy will significantly affect the woman’s social or economic circumstances (e) The deceased estate may be administered and distributed, the surviving spouse or civil union partner may enter into a new marriage or civil union 2. (a) i. Factum requirement- settle lawfully at the particular place ii. Animus requirement have the intention of settling at the particular place. 2 (b) i. Romeo is a child born of married parents, section 13 of the Civil Union Act equates civil unions and civil marriages ii. No. Section 40 (i) of the children’s Act does not require consent of the other partner if they enter into a valid civil union 2c) The duty of support passes to the child’s grandparents. From our common law a child born of our unmarried parents must be supported by his or her maternal grandparents only as held in Moton v Soosub. However in Petersen v Maintenance officer, the decision in Motan v Joosub was rejected because the common law interpreted in that case violated the rights to equality and dignity. Apart from that it also affected the best interest of the child born out of married parents. In short both maternal and paternal grandparents have the duty to support the extra- marital child. d) the marriage indicate who the father is . e) YM v LB, S v L , Seetal v Pravitha 3a) An infant has no capacity to act and cannot conclude any juristic act where as a minor has limited capacity to act ii) An infant does not have the capacity to litigate and cannot be a party to a lawsuit even if assisted by his or her guardian. The guardian must litigate on the infant’s behalf. On the other hand a minor has limited capacity to litigate. The minors guardian may sue or be sued in his or her own name assisted by the guardian. 3b) Condictio ii) Rio vindication 3c) Restitution in integrum