Flashcards on South African Law of Persons
South African Law of Persons: A Comprehensive Guide
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South African Law of Persons: Core Topics
121 cards
Card 1
Question: Under South African law, who must apply to change a minor's forename?
Answer: Either of the child’s parents must make the application for a minor.
Card 2
Question: Who personally applies to change their forename if they are an adult?
Answer: The adult person personally makes the application.
Card 3
Question: What is the nasciturus fiction in South African law of persons?
Answer: It treats an unborn human (nasciturus) as having been born at conception whenever it is to the nasciturus’s advantage (nasciturus pro iam nato habetur
Card 4
Question: Why does the law use the nasciturus fiction despite legal personality beginning at birth?
Answer: To protect the potential interests of the unborn by keeping certain legal positions in abeyance until the child is born alive or it is clear the child
Card 5
Question: What two requirements must be met for the nasciturus fiction to operate?
Answer: (1) The nasciturus must have been conceived when the benefit would have accrued; (2) The nasciturus must subsequently be born alive.
Card 6
Question: If the nasciturus is not born alive, how is conception treated legally for purposes of the fiction?
Answer: If not born alive, the nasciturus is considered never to have been conceived for purposes of the fiction.
Card 7
Question: Can the nasciturus fiction be applied to benefit a third person?
Answer: A third person may benefit only as a natural consequence of applying the fiction in favour of the nasciturus; the fiction may not be applied solely to
Card 8
Question: Give an example explaining when the nasciturus fiction would not be applied regarding an inheritance.
Answer: If a nasciturus would inherit on someone’s death but dies shortly after birth so only the child’s intestate heirs would benefit (not the child), the f
Card 9
Question: Give an example where applying the nasciturus fiction is appropriate regarding maintenance claims.
Answer: If a nasciturus would have been self-supporting because of an inheritance obtained by application of the fiction, thereby extinguishing parents’ maint
Card 10
Question: What is the distinction between 'capacity to have rights and duties' and 'capacity to act' in South African law of persons?
Answer: Capacity to have rights and duties means being a legal subject who can hold rights and obligations; capacity to act (capacity to perform valid juristi