Casebook On The South African Law Of Persons Pdf
LAW OF PERSONS FACTORS AFFECTING STATUS DOMICILE. A persons status is determined by the law which is in force where that person. According to South African Law. Rule that religious marriages are not fully recognized by South African law. Adobe Reader Fehlermeldung Kein Drucker Installiert Google. Tioned in last year’s survey on the Law of Persons as the Act was.
Vray 2.0 For 3ds Max 8. P e rf o rm an c e These are human acts by which something is given, done or not done. The right to performance is a personal right or a claim. Eg: A has obligation to deliver, B has obligation to pay. Pe rs on al ity pr op ert y A person’s right to his good name (reputation), honor, personal integrity are examples of personality rights. Imma teri al prop erty (i nte llec tua l prop erty ) An artist’s right to his painting (copyright). An author’s right to his books (copy right) An inventor’s right to his invention (patent right). These are products of the human intellect.
Legal personality is conferred on legal subjects only. A natural person’s legal personality commences at birth.
Prior to birth the fetus is not a legal subject. It simply forms part of the mother’s viscera. There are certain requirements to acquire legal personality: i. Bi rt h m us t ta ke p la ce; it is a ne ce ss it y t o h av e a s ep ar at io n b et we en th e m ot he r an d the child.
However, there is no requiremen t that states the umbili cal cord shou ld be cut. Th e ch il d mu st b e al iv e af te r se pa ra ti on. Th e ch il d is o bl ig ed t o br ea th e in o rd er t o show signs of being alive. Hydrostatic te st. Mecanismo De Trabajo De Parto Pdf. Th e th ir d re qu ire me nt i s op en t o de ba te as to w he th er it i s ne ces sa ry.
Ce rt ain au th or s p ro cla im th at th e ch ild sh ou ld als o be ‘v iab le ’ be fo re th ey can ac qu ire leg al personality. This means that the child must of reached a certain developmental stage (an existence separate from its mother) before they can attain legal personality. Fu rt he rm or e, a r eg is tr at io n o f b ir th sh ou ld pr oc ee d. The phrase nasciturus rule and nasciturus fiction are sometimes both used as synonyms, however they have different meanings. The nasciturus rule is used to refer to circumstances which would occur and be to the benefit of the fetus if she had been born. This means that the fet us is reg ard ed as a le ga l su bj ect fro m th e da te of he r co nc ep tio n.
Th ere fo re le ga l personality sometimes commences at birth or at conception. The nasciturus fiction refers to a fetus that is regarded as havin g been born at the time of conceptio n if the issue at hand is to her advantage. The rights of the child who will be born is given protection. South Africa follows the nasciturus fiction, henceforth it can be said that in Namibia we follow the same application. This fiction has certain requirements: i. An ad va nt ag e/ be ne fi t t ha t a cc ru es to th e f et us if he /s he wa s al iv e i i. T h e ch i ld m u s t h a v e b e e n co n c e iv e d iii.