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Question
Which one of the following is a legal subject in
terms of the private law in South Africa?
a dog
a grandfather
a family photo
an unborn baby

Ask by Todd Hodgson. in South Africa
Mar 28,2025

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Answer

A grandfather is a legal subject in South African private law.

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Beyond the Answer

In South African private law, a legal subject refers to an entity that can have rights and obligations. While all the options are interesting, the unborn baby stands out because it is recognized as having certain legal rights in specific contexts, especially regarding inheritance and protection under the law even before birth.
On the other hand, a grandfather, while a person with legal capacity, is not a ‘legal subject’ in the same way as an unborn baby in terms of rights that can be asserted before birth. Dogs and family photos do not have legal standing as subjects of rights in South African law.

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