CHAP 9: PRODIGALITY

Question 1

DEFINE A PRODIGAL

Answer 1

it refers to a person who has the inability to appraise his/her financial situation, squanders assets & is irresponsibly negligent

the status of a prodigal is only affected by a court order declaring him/her as prodigal, prohibiting him/her the ability to manage affairs

Question 2

APPLICATION OF PRODIGALITY

Answer 2

the interested person can apply to the High Court for such & a curator bonis will be appointed to handle affairs

the court order is supplemented with a second order to preclude a person from own affairs

for discharging of prodigality a court application & order will be applied

Question 3

PRODIGAL’S CAPACITY TO ACT

Answer 3

the prodigal will have limited capacity to act & have the curator to act on their behalf, but contacts beforehand still stand

• a prodigal will contract with permission from curator or have the curator to contract
• a prodigal can only contract where there are no obligations
• if there’s a contract w/o a court order, it will be ratified
• if a contract is done contrary to a court order, it can be rendered void or voidable
• if the contract is rendered void, both parties should return performance
• if the prodigal acted fraudulently, the contract will not be enforced upon him/her
• a prodigal can marry, but the ANC needs approval by curator, if not it will be void
• curator cannot set up a will for prodigal, if so it should be fair & if not fair the estate will be dissolved accord to law of intestate succession

Question 4

PRODIGAL’S CAPACITY TO LITIGATE

Answer 4

a prodigal cannot litigate but it can institute a divorce claim & set aside through court application the prodigality status

Question 5

PRODIGALITY LEGAL CAPACITY

Answer 5

the prodigal has limited ability to hold office such as director, executor of testate estate or be curator of insolvent estate