How often Legal subjects, personality and status is asked

Where it was asked

What costs marks here

The questions

1. May/Jun 2019, Q12 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Identify which one of the following entities is NOT recognised as a juristic person in our law.

2. May/Jun 2019, Q22 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Select the only correct statement below. A presumption of death can be pronounced in terms of the common law if...

3. May/Jun 2019, Q32 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following statements regarding presumption of death is correct.

4. May/Jun 2019, Q42 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Identify which one of the following attributes or factors is NOT an attribute or factor that determines a person's status.

5. May/Jun 2019, Q52 marks · multiple choice

   This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Select the correct definition: Legal capacity is...

6. May/Jun 2019, Q1(a)3 marks

   This question tests knowledge of juristic personality and the legal position of unborn children (the nasciturus doctrine), using the PVL1501 May/June 2019 paper's Section B, Question 1, which carries 15 marks in total and must be answered directly in the space provided on the exam script. Associations that meet the common-law requirements for the recognition of legal personality are one of the categories of juristic persons acknowledged in our law. Name the three common-law requirements that such an association must satisfy in order to be recognised as having legal personality.

7. May/Jun 2019, Q1(b)4 marks

   This question tests knowledge of juristic personality and the legal position of unborn children (the nasciturus doctrine), using the PVL1501 May/June 2019 paper's Section B, Question 1, which carries 15 marks in total and must be answered directly in the space provided on the exam script. Jamie Clarkson and Juliette May were married, and during the marriage Juliette gave birth to a daughter, June, who was given her father's surname, Clarkson. When June turned four, Jamie and Juliette divorced. Two years after the divorce, Juliette met Mark Hammond, and they married a year later, after which Juliette adopted Mark's surname. Juliette now wants June's surname to be changed so that it matches her (Juliette's) new married surname, Hammond. Advise Juliette on whether this is possible, referring to the relevant legal authority in support of your answer.

8. May/Jun 2019, Q1(c)8 marks

   This question tests knowledge of juristic personality and the legal position of unborn children (the nasciturus doctrine), using the PVL1501 May/June 2019 paper's Section B, Question 1, which carries 15 marks in total and must be answered directly in the space provided on the exam script. A table sets out four extracts (in Column A) taken from court decisions concerning the legal protection of the interests of unborn children (nasciturus). You are given a list of four cases: Road Accident Fund v Mtati; Chisholm v East Rand Proprietary Mines Ltd; Shields v Shields; and Ex parte Boedel Steenkamp. For each extract below, write in Column B the name of the case from this list in which that particular decision was handed down: (i) a child in its mother's womb is presumed to have been alive for purposes of succession, provided the child is later born alive and provided this is to the child's advantage; (ii) an agreement in which a mother waives her unborn child's right to maintenance is contrary to the legal convictions of the community; (iii) a child whose father was killed before the child's birth, as a result of someone else's delict, has a dependant's action for damages for loss of support against the wrongdoer; (iv) it is unnecessary to rely on the nasciturus fiction in order to grant a child an action for injuries suffered before birth (pre-natal injuries).

9. May/Jun 2011, QA.12 marks · multiple choice

   This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Identify which one of the following bodies is recognised in South African law as a juristic person: option 1, the Fred Nicholson Trust; option 2, the Fred Nicholson and John Skosana Co-operative; option 3, the Fred Nicholson and John Skosana Partnership; or option 4, Fred Nicholson (the natural person) himself.

10. May/Jun 2011, QA.22 marks · multiple choice

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Select the case in which the court held that a mother cannot conclude a contract on behalf of her unborn child, on the basis that legal personality only commences at birth and that an agent cannot contract on behalf of a principal that does not yet exist: option 1, Shields v Shields 1946 CPD 242; option 2, Friedman v Glicksman 1996 (1) SA 1134 (W); option 3, Road Accident Fund v Mtati 2005 (6) SA 215 (SCA); or option 4, Chisholm v ERPM 1909 TH 297.

11. May/Jun 2011, QA.32 marks · multiple choice

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. According to the Births and Deaths Registration Act 51 of 1992, the Director-General of Home Affairs must be informed whenever a child is born alive. Where the child concerned has been abandoned, indicate by whom notice of the birth must be given: option 1, a social worker only; option 2, a social worker or an authorised officer; option 3, a social worker, an authorised officer, or a doctor; or option 4, a social worker, an authorised officer, a doctor, or a midwife.

12. May/Jun 2011, QA.42 marks · multiple choice

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Choose the correct statement regarding the presumption of death: option 1, once a court pronounces a presumption of death, this creates an irrebuttable presumption that the person is dead; option 2, a statutory presumption of death may only be granted if the judicial officer is certain, on a balance of probabilities, that the person is dead; option 3, where a common-law presumption of death is pronounced, the marriage of the surviving spouse is automatically dissolved as a result; or option 4, a court may appoint a curator bonis to manage a missing person's affairs without first pronouncing a presumption of death.

13. May/Jun 2011, QA.72 marks · multiple choice

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Under the common law, indicate who may approach the high court to obtain an order presuming a person's death: option 1, any interested party; option 2, the Minister of Home Affairs; option 3, the investigating officer; or option 4, a magistrate.

14. May/Jun 2011, QA.102 marks · multiple choice

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Choose the correct definition of legal capacity: option 1, the capacity to have rights and duties; option 2, the capacity to perform valid juristic acts; option 3, the capacity to appear as a party to a lawsuit in a court of law; or option 4, the capacity to be held accountable for crimes.

15. May/Jun 2011, QA.152 marks · multiple choice

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Select the best definition of a nasciturus: option 1, a fiction that creates legal personality; option 2, a conceived but as yet unborn child or fetus; option 3, a child's claim for pre-natal injuries; or option 4, a fiction that benefits third persons.

16. May/Jun 2011, Q1(a)2 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Name the two categories of legal subjects that are recognised by South African law.

17. May/Jun 2011, Q1(b)6 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Mr Mokoena's will contains a clause stating: 'My son, Simon, inherits R100 000 and his children who are alive at the date of my death, each inherits R50 000.' Mr Mokoena died on 20 March 2011. At that time Simon had two children, Sarah and Anna. Simon's third child, James, was born on 1 April 2011. Explain, with reference to authority, who will inherit from Mr Mokoena.

18. May/Jun 2011, Q1(c)(i)1 mark

    This question in Section B must be answered directly on the examination paper in the space provided. Fill in the missing name of the Act: in terms of the ..................... (name of the Act), termination of a pregnancy is allowed under certain circumstances.

19. May/Jun 2011, Q1(c)(ii)4 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Explain that from the 13th up to and including the 20th week of the gestation period, a pregnancy may be terminated if a medical practitioner, after consultation with the pregnant woman, is of the opinion that any of certain circumstances are present. List these circumstances.

20. May/Jun 2011, Q1(d)(i)2 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Robin, a 38-year-old man, is an experienced swimmer who has competed in many swimming events. On 14 August 2009 he took part in a national swimming competition from Cape Town to Robben Island, despite being aware that the sea in that area was shark infested. No one saw him finish and he has been missing ever since. His wife, Mary, has since fallen in love with another man, Jabulani, and seeks your advice. Advise Mary fully on whether she may approach the high court for an order granting a presumption of death.

21. May/Jun 2011, Q1(d)(ii)1 mark

    This question in Section B must be answered directly on the examination paper in the space provided. Continuing with Robin and Mary's scenario: once the court has pronounced the presumption of death, explain what happens to Robin's estate.

22. May/Jun 2011, Q1(d)(iii)3 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Continuing with Robin and Mary's scenario: Mary now wants to marry Jabulani. Advise her, with reference to the relevant legislation, on whether this is possible and, if so, what steps she must take to ensure that her marriage to Jabulani will be valid.

23. May/Jun 2011, Q1(d)(iv)1 mark

    This question in Section B must be answered directly on the examination paper in the space provided. Continuing with Robin and Mary's scenario: three years after his disappearance, Robin is found alive and well. Mary, who has since married Jabulani, wants to know from you who she is legally married to, Robin or Jabulani.