Beginning of Legal Personality

Question 1

How is birth proved for natural persons?

Answer 1

1. The baby must have had its first breath of air /lived after birth (born alive).
2. It doesn’t matter if the umbilical cord was cut or not - the 2 bodies must be separate-
3. The baby must have been completely expelled from the mother’s womb.

Question 2

What are the consequences of the acquisition of legal personality?

Answer 2

It will ascertain when the baby enters the legal system and attains right,duties and capacities.

Question 3

What are the 3 requirements for the application of the Nasciturus Fiction?

Answer 3

1. Must be to the advantage of the foetus.
2. Benefit should have accrued to the foetus after the date of conception.
3. The foetus must be born ALIVE.