South Africa · 1st Year · Law of Persons & Introduction
Foundations
Sources and legal subjects.
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1.What are the main sources of South African law?
The Constitution, legislation, case law (judicial precedent), common law (Roman-Dutch law with English influence), and customary (indigenous) law, with academic writing as a persuasive source.
Constitution, ss 2, 39, 211
2.At what age does a person attain majority in South Africa?
18 years.
Children's Act 38 of 2005, s 17
3.What is the nasciturus fiction?
An unborn child is deemed already born whenever it is to its advantage, provided it is later born alive.
Roman-Dutch common law
4.Section 2 of the Constitution?
The Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations it imposes must be fulfilled.
Constitution of the RSA, 1996, s 2