CHAP 3: END OF LEGAL SUBJECTIVITY

Question 1

LEGAL SUBJECTIVITY END

Answer 1

legal subjectivity end at somatic death according to South African law

Question 2

SOMATIC DEATH

Answer 2

it is when the brain permanently stops functioning

Question 3

COMMORIENTES

Answer 3

is when people die at the same disaster simultaneously

Question 4

PROOF OF DEATH (1)

Answer 4

1. Direct evidence is when an individual saw the dead body and can testify that the body was already dead at the time of witness

Question 5

PROOF OF DEATH (2)

Answer 5

2.Death certificate is when the doctor or magistrate issues the certification to verify death

Question 6

CONSEQUENCES OF DEATH

Answer 6

• if the deceased was married the marriage dissolves
• policies payout
• deceased no longer holds office
• no taxes are imposed
• criminal actions lapse
• debts/private law compensations fall off

Question 7

WHAT IS PRESUMPTION OF DEATH FOR MISSING PERSONS

Answer 7

this is when the courts presume but not declare death upon a person, just an exception made for the person who was interested

Question 8

FACTORS CONSIDERED BY THE COURT FOR PRESUMPTION

Answer 8

1. Circumstances when one went missing
2. Period of time
3. Age of the missing
4. Health of the person

Question 9

CONSEQUENCES OF PRESUMPTION

Answer 9

1. Estate is shared amongst heirs but under security in terms of return of the person
2. Policies are paid out
3. Spouse of the missing can go dissolve the marriage

Question 10

INQUESTS ACT

Answer 10

1. Act is applied when the concerned is in doubt whether death of the missing was by natural causes
2. Also used when there can be no body found

Question 11

ANATOMICAL DONATIONS

Answer 11

when the deceased donates tissues or organs from their body

Question 12

CONDITIONS FOR CONSENT FOR THE ANATOMICAL DONATION MADE BY THE DECEASED:

Answer 12

1. The deceased must have consented while alive, in a competent manner, orally or verbally, and with two witnesses that are above the age of 14 years.

Question 13

CONDITIONS FOR CONSENT FOR ANATOMICAL DONATIONS GRANTED BY FAMILY:

Answer 13

2. Consent can be granted by spouse, major child or sibling and parents

Question 14

CONSENT FOR ANATOMICAL DONATIONS (3)

Answer 14

3. The district surgeon can also grant consent in terms of emergency and life-saving situations

Question 15

LEGAL CONDITIONS OF THE ANATOMICAL DONATION

Answer 15

• May only be in alignment with the Human Tissues Act
• No monetary exchange can be granted
• Consent can be revoked

Question 16

PURPOSES ALLOWED FOR DONATIONS

Answer 16

only research and therapy purposes can be excused

Question 17

WHEN CAN DONATION TAKE PLACE

Answer 17

the removal of organs and tissues can only happen when somatic death sets in