Chapter 3: The termination of Legal subjectivity

Question 1

WHEN IS THE TERMINATION OF LEGAL SUBJECTIVITY?

Answer 1

Somatic death, when the brain permanently stops functioning.

Question 2

COMMORIENTES

Answer 2

Persons who die more or less simultaneously in the same disaster.

Question 3

NOVUS ACTUS INTERVENIENS

Answer 3

New intervening act [Latin phrase]

Question 4

PROOF OF DEATH OF A LEGAL SUBJECT (2)

Answer 4

1. Direct evidence ( Evidence of anybody that he/she saw the body of a certain person and ascertained that the person is dead)
2. Death certificate (issued by doctor or a magistrate)

Question 5

CONSEQUENCES OF DEATH

Answer 5

1. Deceased’s marriage is dissolved
2. Policies on the deceased are paid out.
3. Deceased no longer hold offices.
4. Deceased no longer taxable.
5. Criminal actions against deceased lapse.

Question 6

CURATOR BONIS

Answer 6

Appointed by court to manage a persons proprietary interests.

Question 7

CURATOR PERSONAE

Answer 7

Appointed by the court to take care of the personal needs of the person in question

Question 8

CURATOR AD LITEM

Answer 8

Curator for the court case

Question 9

FACTORS CONSIDERED BY THE COURT FOR PRESUMPTION OF DEATH (4)

Answer 9

1. Circumstances under which the person disappeared.
2. Period of time that the person has been missing
3. Age of the missing person
4. Health of the missing person.

Question 10

ANATOMICAL DONATIONS

Answer 10

Donation of organs from the deceased’s body

Question 11

CONSENT TO USE A BODY OR TISSUE FROM A BODY IS MADE BY?

Answer 11

1. Doctor
2. Spouse, major child, parent or guardian etc.
3. District surgeon

Question 11

CONSENT TO USE A BODY OR TISSUE FROM A BODY IS MADE BY?

Question 12

PURPOSE OF WHICH A BODY/TISSUE MAY BE USED?

Answer 12

1. Research

2. Therapy