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  3. Stellenbosch University (SUN)
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  5. Private Law 171 Law Of Persons

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Summary Birth as status-determining factor
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  • Course
  • Private Law 171 Law Of Persons
  • Institution
  • Stellenbosch University (SUN)
  • Book
  • The Law of Persons in South Africa

Birth as status-determining factor. Best Interest of the Child. Rights of Child. Parental Rights and Responsibilities. Married Mothers and Fathers. Balance of Probabilities Unmarried Father.

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  • No
  • Birth as status-determining factor
  • October 19, 2022
  • 37
  • 2022/2023
  • Summary

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  • birth as status determining factor

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  • Stellenbosch University (SUN)
  • Private Law 171 Law Of Persons
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, Index:
1. Children’s Rights 3-5
2. Best Interest of Child 6–9
3. Meaning of Paramount 10
4. View of Child 11 – 12
5. Parental Responsibilities and Rights (PRRs) 13
6. Guardianship: (PRRs) 14
7. Care : (PRRs) 15
8. Contact : (PRRs) 16
9. Maintenance : (PRRs) 17 – 18
10. Proof of Parentage: Maternity 19
11. Proof of Parentage: Married Mother 20 – 23
12. Proof of Parentage: Unmarried Mother 24
13. YM v LB 2010 : Case 25 - 28
14. S 26(2) of Children’s Act Following persons excluded from claiming paternity 29
15. Acquisition of Parental Responsibilities and Rights 30
16. PRR’s of Mothers / Married or Unmarried Fathers 31
17. Father who does not automatically acquire full PRRs 32
18. Co-holders of PRRs 33 – 34
19. Parenting Plan 35 – 36
20. Termination, extension, suspension or restriction of PRRs 37

,
, Children’s Rights and the Best Interests of the C
• S 28 of Constitution sets out rights of children;
• Some rights in s 28 directly concern relationship between children and
parents:
S 28(1)(b): Right to family care or parental care
S 28(1)(c): Right to basic nutrition, shelter [and] basic health care s
• Direct concern between child & parents – parents’ duty to provide this
• Children’s Act is legislative mechanism that gives effect to rights of chi
set out in Constitution.

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