At the time that daughter was pregnant when the testator died. Issue: Should the nasciturus inherit? Held: The court held that the nasciturus fiction has to apply so that he can claim for damages. Issue: Is the Act constitutional?
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Notes The question before the court was whether this was permissible, as the son-in-law would indirectly benefit from the murders he committed. Three main issues were dealt with in Steyn J. The court looked into the old authorities and concluded that this is possible, and what law principles the dispute featured. Upon the facts, the relationship did not bring them within the category of conjunctissima, but under different circumstances it may be brought under this category, as would be the case, for example, if the grandparents had raised the child as their own.
Was there a causal nexus between the murder and the enrichment? The court held that a causal nexus must be shown and that in this case, although there was factual causation, the legal cause of the enrichment was not the murders but rather the birth and death of the child. Accordingly, the court held that the son-in-law could inherit from the child. This judgment has been severely criticized.
Writers believe that there was no novus actus interveniens , and therefore that there was legal causation. See also South African law of succession Related Research Articles Negligence is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.
The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.
Causality is efficacy, by which one event, process or state, a cause, contributes to the production of another event, process or state, an effect, where the cause is partly responsible for the effect, and the effect is partly dependent on the cause. In general, a process has many causes, which are also said to be causal factors for it, and all lie in its past.
An effect can in turn be a cause of, or causal factor for, many other effects, which all lie in its future. Some writers have held that causality is metaphysically prior to notions of time and space. In some contexts it instead means the inheritance of the firstborn child or the firstborn daughter.
The slayer rule, in the common law of inheritance, stops a person inheriting property from a person they murder. The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.
It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power. In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus from which the specific injury or other effect arose and is combined with mens rea to comprise the elements of guilt.
Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Paternity fraud, also known as misattributed paternity or paternal discrepancy, is when a man is incorrectly identified to be the biological father of a child. The underlying assumption of paternity fraud is that the mother deliberately misidentified the biological father.
Paternity fraud is related to the historical understanding of adultery. The case is globally cited for its definition of a fiduciary and the circumstances in which a fiduciary relationship arises. It also raises interesting questions about the necessity of reliance on an offer in the formation of a contract. The law of persons in South Africa regulates the birth, private-law status and the death of a natural person.
It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it. It forms part of private law. The court held that section 23 of the Black Administration Act, in applying the system of male primogeniture, was incompatible with sections 9 equality and 10 dignity of the Constitution. South African criminal law is the body of national law relating to crime in South Africa.
In the definition of Van der Walt et al, a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society.
R v Bow St Metropolitan Stipendiary Magistrate  1 AC 61, and is a set of three UK constitutional law judgments by the House of Lords that examined whether former Chilean dictator Augusto Pinochet was entitled to claim state immunity from torture allegations made by a Spanish court and therefore avoid extradition to Spain.
They have proven to be of landmark significance in international criminal law and human rights law. The failure of a public authority to take into account relevant considerations and the taking of irrelevant ones into account are grounds of judicial review in Singapore administrative law. They are regarded as forms of illegality. The Court held that when reviewing a decision of a public authority which is contrary to a prior assurance or representation by the authority, its role is not always limited to assessing if the decision is Wednesbury unreasonable or irrational.
In some situations, it is entitled to determine whether it is fair to compel the authority to fulfil its representation, or whether there is a sufficient overriding public interest which justifies allowing the authority to depart from the promise made. The question before the court was whether the nasciturus could inherit. The court was unwilling to act to the prejudice of the nasciturus, and held, therefore, that it could inherit.
The discipline of forensic epidemiology FE is a hybrid of principles and practices common to both forensic medicine and epidemiology. FE is directed at filling the gap between clinical judgment and epidemiologic data for determinations of causality in civil lawsuits and criminal prosecution and defense.
Ex Parte Boedel Steenkamp
For the distribution devolution of property not determined by a will, see inheritance and intestacy. Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
Ex parte Steenkamp and Steenkamp
Re Beaglehole TS 49 The facts are as follows: A testator left an amount of money to beneficiary. The executor of the estate had paid the money to the master of the High Court because the testator could not be traced. The executor applied for an order of to pay the estate over to him the executor so he could pay the money to the testators remaining heirs. It was alleged that the executor had not been heard from in over 15 years and therefore is presumed dead. The court refused to issue the presumption of death. The legal question: What law system should be applied during the hearing of the case in question? The judgment: Judge Innes CJ refused to grant the order of presumption of death when applying Roman-Dutch law principles which are, is his opinion, the correct system of law to be used.
EX PARTE BOEDEL STEENKAMP PDF
Goshakar YouTube Videos [show more]. The law of succession comprises two branches, namely the common law of succession and the law of succession. The estate is worth R, If B is unworthy to inherit, or if he chooses not to, F and G may represent B in order to inherit. The question before the court was whether the nasciturus could inherit. D is a stirpes, because he is survived by a descendant. From Wikipedia, the free encyclopedia.