Beginning of legal personality

Birth

1) Child must be birthed

2) Born alive

3) Removed from mother

Ex parte boedel Steenkamp 1962

Testator left residue of his estate to his daughter and her children who were alive at his time of death

• Daughter had 2 kids and was pregnant at the time

• Questioned if new kid could inherit

Nasciturus fiction

Derived from Roman - Law that if an unborn child is subsequintly born alive then the child is considered alive when it's own advantage is considered

Stages of pregnancy termination

Without reason till 12 weeks

13-20 week can terminate if a medical practitioner was consulted

20+ if it will endanger the woman's life, malformation of fetus, pose risk to injure the foetus

Natural persons

Begins at live birth

Took a breath (proven with hydrostatic test)

Pater est quem nuptial demonstrant

Assumed father is whom the marriage indicates or if intercourse occurred9 at the presumed time of conception

Registration and naming of natural persons

Every child had the right to a name and must be registered within 30 days

Birth and Deaths registration Act 51 of 1992

Changing child’s name

Requires careful regulation to safeguard public and privates interests

Consequences of separateness

Creation of a limited liability

creation of perpetual existence

A juristic person is liable for its own debts

Neither shareholders nor members of the company are liable for the debts

Natural persons act on behalf of juristic person

Shareholders are entitled to tax

Rei vinicatio

Owner of a physical thing can use this to reclaim their lost property

Based on real right

Condicto

Action to reclaim money when 1 person has been unjustly enriched at the expense of another

Exceptio non a dimpleti contractus

Gives party right to withhold performance

Actio legis aquiliae

Delictual remedy used to claim for patrimonial damages

Actio iniuriarum

Delictual remedy used for non-patrimonial damages

Personality right infringed

Action for pain and suffering

Delictual remedy for patrimonial harm

Physical injury

Interstate succession

Pass away without valid will

Depends on lineage

Testate succession

Have a valid will

Wishes of deceased are carried out