PVL1501 ASSIGNMENT 1 2021.

SSIGNMENT 1 Question 1 a) Synthia does not have to register the birth of the child, since according to section 9(4) of the Births and Deaths Registration Act 51 of 1992, no registration of birth shall be done of a person who dies before notice of his or her birth has been given within the prescribed period in the prescribed manor. 1 b) Whenever a situation arises where it would be to the advantage of the nasciturus if he or she had already been born, the law protects his or her potential interests, by the implementation of the fiction that the nasciturus is regarded as having been born at the time of his or her conception whenever it is to his or her advantage. If it appears in a specific case that, had the nasciturus already been born, he or she would have had certain claims or rights, the legal position is kept in abeyance until the unborn child does in fact become a person or until it becomes certain that no person has developed from the nasciturus. If the child dies shortly after birth, the nasciturus fiction will not come into operation, because the only person to benefit from its application would be the child’s intestate heirs and not the child himself or herself. In this case since the child died a day later he will not be able to inherit from Thomas’ estate.2