Law of Persons: Legal Subjectivity & Status

legal status

Legal Subjectivity

• Legal subjectivity is the capacity to be the bearer of rights and duties
• he law of persons is a branch of private law that defines which entities are recognized as persons in law, and it also regulates aspects of their Only legal subjects have legal subjectivity
• Every human being is a legal subject from birth until death
• Legal subjects include natural persons as well as juristic persons like companies and universities

Legal Status

• Legal status refers to a person's standing in the eyes of the law
• It determines the nature and scope of a person's rights, duties, and capacities
• Factors influencing legal status include: age, sex, marital status, and mental capacity

Influence of the Constitution

• The Constitution is the supreme law and influences all areas of law, including the law of persons
• The Bill of Rights guarantees fundamental rights to all, impacting legal status
• Equality is a core constitutional value; discrimination based on various grounds is prohibited

The Beginning of Legal Personality

• Legal personality begins at birth
• The nasciturus fiction provides limited protection to a foetus before birth concerning inheritance

Requirements for Birth

• The birth must be fully completed
• The child must be alive after separation from the mother (live birth)

Proof of Birth

• Birth certificates serve as primary proof of birth

Registration of Birth

• The birth must be registered within a certain time frame

The Nasciturus Fiction

• This common law principle protects the interests of a foetus if it is later born alive
• The foetus must have been conceived at the time the benefit accrues
• The benefit must be to the advantage of the foetus
• The foetus must later be born alive

Legal Status of a Corpse

• A corpse no longer has legal personality.
• It cannot be the bearer of rights or duties
• Aspects related to corpses are regulated by public health legislation and common law

Burial Rights and Duties

• There is no explicit legal duty to bury a deceased person in South African law
• Disputes about burial are usually resolved based on religious and cultural considerations
• The executor of the deceased estate usually has the power to decide on burial matters

Change of Sex

• The Alteration of Sex Description and Sex Status Act allows a person to apply to have their sex description altered in official records
• Requirements include: permanent or irreversible anatomical or surgical alterations, or hormonal therapy resulting in a change

Presumption of Death

• The court can issue an order presuming someone is dead if they have disappeared
• Factors considered by the court include: length of absence, age, health, circumstances of disappearance

Onus of Proof

• The applicant bears the onus of proving the missing person is dead

Effects of Presumption of Death

• Dissolution of marriage
• Estate administration as if the person is deceased

Termination of Legal Personality

• Legal personality terminates upon death

Proof of Death

• A death certificate is the primary proof of death

Factors Influencing Legal Status

• Age is a significant factor influencing legal status
• Various stages of life: infancy, childhood, majority, affect legal capacity

Persons with Intellectual Disability

• Mental health legislation and common law principles determine the legal status and capacity of individuals with mental disabilities
• Such individuals may have limited or no legal capacity

Prodigals

• A prodigal is a person with normal mental capacity who is declared by the court as incapable of managing their own affairs due to a propensity for excessive spending
• A curator bonis is appointed to manage the prodigal's financial affairs

Intoxicated Persons

• Intoxication can affect a person's capacity to act
• Depending on the level of intoxication, a contract can be voidable

Marital Status

• A person's marital status affects their legal status, especially concerning contractual capacity, property rights, and parental rights
• Different matrimonial property systems exist, each impacting the spouses' rights differently

Minors

• A minor is a person under the age of 18
• Minors have limited legal capacity

Categories of Minors

• Children under 7 years: no contractual capacity
• Children between 7 and 18 years: limited contractual capacity

Assistance

• Assistance from a parent or guardian allows a minor to perform certain juristic acts

Ratification

• A minor can ratify a contract upon reaching majority, making it fully binding

Marriage

• Minors require parental consent to marry
• The Children's Act outlines specific requirements and procedures

Guardianship

• Guardianship involves the parental rights and responsibilities a guardian has in respect of a minor child

Termination of Minority

• Reaching the age of 18
• Marriage (subject to certain conditions)
• Court order (emancipation)

Domicile

• Domicile is the place where a person is legally deemed to reside
• Every person must have a domicile
• No person can have more than one domicile at a time

Domicile of Choice

• Acquired by residing in a place with the intention to settle there permanently

Domicile of Origin

• Usually the domicile of the child's parents at the time of birth

Domicile of Dependence

• Child's domicile follows that of their parent or guardian

Importance of Domicile

• Jurisdiction of courts will hear matters
• Applicable law that applies to a person

Citizenship

• A person's citizenship determines their rights and duties within a state
• It is governed by national legislation

Loss of Citizenship

• Renunciation
• Deprivation

Explores the law of persons, a branch of private law defining legal entities and their status. Covers legal subjectivity, which is the capacity to hold rights and duties, and factors influencing legal status, such as age and marital status. Reviews the Constitution's influence.