PVL1501 Cases - Key Legal Principles

Legal process to determine a child's biological father.

Legal concept allowing an unborn child the same rights as a living child.

Court case involving a baby born with injuries from a pregnant mother’s accident. Ordinary delict law applies.

Courts consider the wishes and rights of the mother regarding a child’s paternity.

Court rulings on adoption cases where parents are not married, focusing on the rights of the mother.

Case that used nasciturus fiction to protect unborn child. This case is 10 years old.

Children born to same-sex partners are considered in legal parity with children of married couples.

Case about a testator leaving estate to a daughter's children, unaware of pregnancy.

Legal principle emphasizing that court decisions must prioritize the well-being of the child.

Case concerning guardianship of child of unmarried parents after the mother's death.

Cases by the Christian Lawyers Association challenging abortion laws in South Africa.

Court ordered DNA testing on deceased father's samples in a car accident

Case where conflict arose between child’s rights & parental privacy rights regarding DNA testing.

When same-sex partners have a child through artificial insemination, the child is considered born to unmarried parents. This means the child's legal status is similar to a child born outside marriage.

Courts generally avoid ordering blood tests to prove paternity if it could harm the child's relationship with their assumed father or deprive them of maintenance.

A prisoner serving a life sentence can establish a domicile of choice at the prison, meaning they are legally considered to be living there.

Courts are hesitant to grant a presumption of death order, especially if it involves a missing person's estate.

Previously, only the maternal grandparents were liable for the maintenance of a grandchild if the unmarried mother died.

The law was changed to hold both parents liable for their child's maintenance, even when they are unmarried.

Courts always prioritize the best interest of the child when making decisions about paternity, maintenance, or other legal matters.

If a blood test could harm the child's well-being or relationship with their assumed father, the court will likely refuse to order it to be used to prove paternity.

A case where a minor misrepresented his age to buy a bike, then tried to get a refund. The seller counter-sued for damages, arguing that the minor represented himself as self-supporting. The seller won, highlighting the consequences of misleading the other party about your age.

This case involved a minor entering into a prenuptial agreement without parental consent. The court ruled that the agreement was void, emphasizing the legal importance of parental involvement in such contracts.

A case where a minor inherited money and his father used the interest to purchase a house, which the minor later tried to cancel due to financial concerns. The court granted his claim highlighting the potential for minority contracts to be cancelled.

This case involved a minor issuing a cheque for a contract and then stopping payment. The court found that the minor was not bound by the contract due to their minority and the lack of locus standi (legal standing) to enter into contracts.

This case explored the concept of emancipation. In this particular instance, a minor who had claimed to be emancipated was sued by a supplier for course materials. The court ultimately upheld the minor's claim despite their alleged emancipation, highlighting the complexities of emancipation.

In contracts, minors may face consequences if they misrepresent their age to gain an advantage. This case highlighted the importance of being truthful about one's age when entering into contracts.

A case where a husband sought to annul his marriage on grounds of mental illness at the time of the marriage. The court granted the annulment because the husband suffered from dementia and heard voices.

This case illustrates the complexities of prescription periods (statutory limitations) in claims involving minors. A schoolboy who was injured as a minor, but only realized it was actionable as an adult, faced challenges because the prescription period for minors was changed while his claim was pending.

The court ruled that a woman cannot waive maintenance rights on behalf of an unborn child. This means that the child's future potential needs must be considered independently.

A case where a woman sued a doctor for failing to diagnose a health issue that she later discovered was present during her pregnancy. The court found that the doctor owed no duty to the unborn child.

This case involved a claim for loss of support for an unborn child after the father's death. The court considered the possibility of awarding damages for the unborn child's potential loss of maintenance.

The Christian League sought a curator ad litem to be appointed to represent an unborn child whom the mother wished to abort following a rape. The court denied the appointment.

This case established that a diplomat's domicile of choice is the place where they choose to live after their diplomatic posting ends.

This case sets precedent on the domicile of choice for prohibited immigrants. In this case, the court considered the circumstances of a prohibited immigrant who had been allowed to reside in South Africa.

This case involved determining the domicile of a person who moved frequently between different locations in South Africa. The court considered factors like the person's intention and the connections they maintained in each location.

This case explored the domicile of origin of a woman who had married in South Africa, moved to Australia, and then to the UK. The court examined where her domicile was based on her initial place of residence and connections.