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6 Cards in this Set
- Front
- Back
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Requirements for the beginning of legal personality: |
The birth must be fully completed, and the child must live after the separation, even if only for a short period. |
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At what moment does a person's legal personality commence? |
Legal personality commences at birth. |
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True or false: For birth to be completed it is necessary that the umbilical cord be severed. |
False |
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Explain how it is determined whether a child lived after birth. |
In our law it has not yet been authoritatively decided how life must be proved after birth. Any medical evidence by which life may be proved should be admissable when the issue of whether a child was born alive is to be decided for purposes of determining whether the child obtained legal personality. |
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Under viability it is understood that the child must have reached such a stage of development that she can ___ ___ of her mother's body. |
exist independently |
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Heaton is of the opinion that in South African law viability is not a requirement for the beginning of legal personality. What objection does she have to this requirement? |
Her objection is that it is a vague concept that could lead to impossible problems in evidence. |
