How Does Mr Levannson Need To Make A Request For Presumption Of Death
Question 1
1. Associations incorporated in terms of general enabling legislation, co-operatives for example, are juristic persons.
2. Associations especially created and recognised as juristic persons in separate legislation, Universities for example, are juristic persons.
3. Associations which comply with the common-law requirements for the recognition of the legal personality of a juristic person. The common law requirements are that the association must have a continuous existence irrespective of the fact that its members may vary, it must have rights, duties and capacities and its object must not be acquisition of gain. For example, Churches.
Question 2
Peter is entitled to inherit from Mr Modise.
If it appears that a nasciturus would have had certain claims or rights Peter already been born, the legal position is kept in abeyance until he is born and acquires legal personality, or until it is certain that he will not become a legal subject (for example, if Linda had miscarried or terminated the pregnancy, or because …show more content…
Question 3
Mr Levnson needs to make a request for presumption of death, an order dissolving the marriage, as per Section 1 of the Dissolution of Marriages on Presumption of Death Act 23 of 1979. Such an order presuming someone’s death does not automatically terminate his marriage. “Once it can no longer be the subject of an appeal, a declaration is conclusive as the presumed death and effective for all purposes and against all persons. The missing persons civil partnership is ended”. This would validate Mr Levenson’s marriage.
If an inquest was held and a finding was made in terms of the Inquest Act, which finding was confirmed by the High Court, the missing person’s marriage is deemed to have been automatically dissolved as from the date determined by the court as the date on which the person died. In these cases no special application need to be made for the dissolution of the
1. Associations incorporated in terms of general enabling legislation, co-operatives for example, are juristic persons.
2. Associations especially created and recognised as juristic persons in separate legislation, Universities for example, are juristic persons.
3. Associations which comply with the common-law requirements for the recognition of the legal personality of a juristic person. The common law requirements are that the association must have a continuous existence irrespective of the fact that its members may vary, it must have rights, duties and capacities and its object must not be acquisition of gain. For example, Churches.
Question 2
Peter is entitled to inherit from Mr Modise.
If it appears that a nasciturus would have had certain claims or rights Peter already been born, the legal position is kept in abeyance until he is born and acquires legal personality, or until it is certain that he will not become a legal subject (for example, if Linda had miscarried or terminated the pregnancy, or because …show more content…
Question 3
Mr Levnson needs to make a request for presumption of death, an order dissolving the marriage, as per Section 1 of the Dissolution of Marriages on Presumption of Death Act 23 of 1979. Such an order presuming someone’s death does not automatically terminate his marriage. “Once it can no longer be the subject of an appeal, a declaration is conclusive as the presumed death and effective for all purposes and against all persons. The missing persons civil partnership is ended”. This would validate Mr Levenson’s marriage.
If an inquest was held and a finding was made in terms of the Inquest Act, which finding was confirmed by the High Court, the missing person’s marriage is deemed to have been automatically dissolved as from the date determined by the court as the date on which the person died. In these cases no special application need to be made for the dissolution of the