PVL1501 - Past Exam Papers

PVL1501 – Tutorial Questions Page 1 of 48 Contents 1. 2017 - FIRST SEMESTER - ASSIGNMENT 01 []...........................................................................2 2. 2017 - FIRST SEMESTER - ASSIGNMENT 02 []...........................................................................4 3. 2017 - SECOND SEMESTER - ASSIGNMENT 01 []......................................................................7 4. 2017 - SECOND SEMESTER - ASSIGNMENT 02 []......................................................................9 5. 2018 - FIRST SEMESTER - ASSIGNMENT 01 [].........................................................................12 6. 2018 - FIRST SEMESTER - ASSIGNMENT 02 [].........................................................................14 7. 2018 - SECOND SEMESTER - ASSIGNMENT 01 []....................................................................17 8. 2018 - SECOND SEMESTER - ASSIGNMENT 02 []....................................................................19 9. 2019 - FIRST SEMESTER - ASSIGNMENT 01 [].........................................................................22 10. 2019 - FIRST SEMESTER - ASSIGNMENT 02 [].....................................................................24 11. 2019 - SECOND SEMESTER - ASSIGNMENT 01 []................................................................27 12. 2019 - SECOND SEMESTER - ASSIGNMENT 02 []................................................................29 13. 2020 - FIRST SEMESTER - ASSIGNMENT 01 [].....................................................................32 14. 2020 - FIRST SEMESTER - ASSIGNMENT 02 [].....................................................................36 15. SELF-ASSESSMENT ASSIGNMENT...................................................................................................39 PVL1501 – Tutorial Questions Page 2 of 48 1. 2017 - FIRST SEMESTER - ASSIGNMENT 01 [] Question 1 List the three entities that are recognised as juristic persons in our law, and provide an example of each. Associations incorporated in terms of general enabling legislation. An example would include banks, mutual banks, close corporations, and co-operatives. Associations especially created and recognised as juristic persons in separate legislation. An example would include universities, semi-state organisations and public corporations. Associations which comply with the common-law requirements for the recognition of legal personality of a juristic person. An example would include Universitates. Students were also given marks if they gave the name of a particular charitable organisation as an example (e.g. FAMSA). [6] Question 2 Mr Modise’s will contains the following clause: “My daughter, Linda, inherits R900 000 and her children who are alive at the date of my death, each inherits R400 000.” Mr Modise dies on 15 April 2016. Linda’s third child, Peter, is born on 18 May 2016. Linda has two other children, Vusi and Sarah. Is Peter entitled to inherit from Mr Modise? Explain your answer with reference to authority. Peter will inherit from Mr Modise’s estate a proportionate share with Vusi and Sarah. This question deals with the application of the nasciturus fiction. If a testator leaves a valid will, effect must be given to the provisions of the will. If the testator’s intention regarding whether or not an unborn child should inherit is clear, the testator’s intention is simply carried out. If the testator’s intention is unclear, it must be established with the aid of the rules of the law of succession. If the testator does not appoint beneficiaries by name but as members of a class, a child in that class who was already conceived at the time of the testator’s death but was born only after the testator’s death can also inherit. It was found in Ex parte Boedel Steenkamp that the words “wat by datum van dood in die lewe is” did not rebut the presumption that the testator wished to benefit children. [5] Question 3 Mrs Levenson has been missing for 20 years. An inquest is held by a magistrate and a finding is made in terms of section 18 of the Inquests Act 58 of 1959. This finding is confirmed by the High Court. Mr Levenson now wishes to get married. Advise him whether such a marriage would be valid. Explain your answer with reference to authority. Yes, Mr Levenson’s will be able to enter into a valid marriage.