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Law of Persons 144 - Applicable Legislation - Coggle Diagram
Law of Persons 144 - Applicable Legislation
STUDY UNIT 1: Concepts and Terminology
Juristic Persons:
Societies incorporated ito general enabling Act (Companies Act)
Societies created and recognised in separate legislation (Higher Education Act)
Common Law Requirements
Births and Deaths:
Births and Deaths Registration Act
Constitution
S2 - Supremacy Clause
S9 - Equality Clause
S28 - Children's Rights
S36 - Limitation Clause
STUDY UNIT 2: The Beginning of Legal Subjectivity
Coming into existence
Criminal Procedure - Criminal Procedure Act
"Born alive if proved to have breathed"
Administrative Law - Births and Deaths Registration Act
"any sign of life"
How to register baby
Names of baby
Sex change (M/F)
Law of Persons
"Common Law Requirements"
Completion of birth
Life (sign of life)
Viable (not SA)
Succession
Wills Act (Ex Parte Boedel Steenkamp)
Protection of Unborn
Choice on Termination of Pregnancy Act
STUDY UNIT 3: The termination of legal subjectivity
When Does Legal Subjectivity Terminate?
National Health Act
"death = brain dead"
medical evidence of somatic death
Presumption of Death
Common Law
Disappearance of a person
Interested party
Proof: on a balance of probabilities
Does not automatically dissolve marriage
Separate application required under Dissolution of Marriages upon Presumption of Death Act
Application to High Court, rule nisi and final order
Statutory Measures
Inquests Act
Death by unnatural causes suspected, associated with disappearance of natural person
State actors (police, Minister of...)
Proof: beyond reasonable doubt
Automatically dissolves marriage (S2 of Act)
Police investigate, magistrate makes finding, HC confirms... make final order
STUDY UNIT 4: Factors affecting status: age
Classification According to Age
Common Law
Children up to 7 = infans
Children's Act
18 = majority
7-18 = minors
Children's Act
S17: determines age at which person is minor and major (7/18)
S18 - require parents' consent (either parent)
S129 - consent to medical treatment and surgical operations (age 12)
S130 - consent to HIV testing (age 12)
S134 - access to contraceptives (age 12)
Capacity to Act
.
No capacity to act
Employment Act - no under 15s
Civil Union Act - no under 18s
Full capacity to act
Banks Act - 16
Wills Act - 16
STUDY UNIT 5: Birth as a status-determining factor
The Constitution
S28 - Children's Rights
(1)(b) right to family/ parental care
(1)(c) right to basic nutrition, shelter, healthcare
S36 - Limitation of Rights
Children's Act
S7: Factors to consider when applying BIoC
S9: Matters concerning the care, protection, well-being must be dealth with ito BIoC
S18: PRRs
Guardianship
Care
Contact
Maintenance
S19: PRR of mother
S20: PRR of married fathers
S21: PRR of unmarried fathers
always have obligation to contribute towards maintenance
S22: Father does not automatically acquire PRR
S23: Father approaches HC about PRR
S30: Both parents hold PRR, can act independently
S31: Major decisions involving the child, views and wishes of child must be taken into consideration
age, maturity, stage of development taken into account
wishes and views must be expressed by child
wishes and views expressed by other parent
S33: How PRR will be exercised (BIoC)
Where/ whom will live with
Maintenance
Contact'
Schooling & religious upbringing
S36: Onus of proof on mother (paternity)
STUDY UNIT 7: Domicile
Domicile Act
.
Husband's domicile automatically become both' domicile
Domicile of choice - S1
Domicile by operation of law - S2
Domicile of origin (Baby's domicile)
Divorce Act
.
No longer need to have attorney overseas
STUDY UNIT 8: Other factors affecting status
Mental Health Care Act
.
Certification or Reception ito Act
Offices Mentally Ill Cannot Hold
Curator of Insolvent Estate - Insolvency Act
Executor of deceased estate - Administration of Estates Act
Director of Companies (Companies Act)
Consumer Protection Act
Agreements void if consumer declared mentally ill and supplier is aware (discriminatory?)