Summary Chapter 7: Termination of Legal Subjectivity
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Course
PSR 110
Institution
University Of Pretoria (UP)
Book
Law of Persons
notes and summaries of chapter 7, including lecture notes. all relevant case law is included with thorough explanations. can be used for test and examination purposes
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Chapter 7 : Termination of LEGAL SUBJECTIVITY
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1 .
Determining the moment of Death :
r
S Williams
Legal subjectivity of a natural
person is determined at birth .
v
determine the moment of death
'
we
rely on medical evidence to .
Trial court found that according to traditional
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" min
# "
EE
""
SA law somatic / brain death ends
legal subjectivity ?
→
organ transplants
: certain
organs still
functioning after brain death , may be used for
purposes of
an
organ transplant .
Legal consequences of Death :
Cohea
deceased's
marriage is dissolved
o
:a2Ta%÷¥¥a
payment of life due
°
policies
'
: :: Ya't :O's:c
µµep;Yg¥IF%¥d\
used
are -
owner . deceased. assets vests in the executor
/master of the High Court '
non °
"
"
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"" ""
sayan : there is a
rebuttable simultaneous's
"
contrib
" '
Com mo rien tes :
is
2
accident
were µ
.
,
,
Lo Persons who die more or less
simultaneously in the same disaster ( earthquake car
etc ) ,
go
y
,
Iftikhar
why is it important to establish order of death ? I Ex
parte Graham
= to determine whether one can inherit from the other .
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It is for
common
spouses who
appoint eachother
IIoanYitneg?ddIda
as heirs to their wills to , provide for the division of their Grey ling v Grey ling
estates
,
should they die in the same disaster .
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3 . Proof of Death :
A death is deathcertificate
persons normally proved by a
,
issued
by medical doctor when person dies of natural causes and
only after he/she is certain that the person is dead .
i'
contains info
regarding the identity the deceased of death certifies that the person named therein is dead
of cause .
, ,
when certificate #taed from medical doctor (deceased not treated by
doctor
/ doctor couldn't examine
body of deceased ) :
to
person who was present at the death / who knows of the death / person arranging the funeral -
must give the required notification
rebuttable
f. literally
;
to Director -
General of Home Affairs This death certificate
.
is
prima facie proof that the person named is dead
4 .
Presumption of death :
missing person creates
many prob estate cannot be administered ,
insurance policies 31 pension cannot be paid out spouse
,
cannot
remarry
.
Any person with interest in the
missing presumption death order
an
person can
apply to the court for a of .
missing person is
presumed to be
procedures
dead until the
contrary is proved
£4 court will only issue
2 for
obtaining this order : the order where ciraimst
.
from surrounding disappearance
/ L justifyagain!
renee
maihem .
BA Baba -
law procedure
procedure
common
statutory
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