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x Bibliography CronjeÂ DSP & Heaton J South African Family Law 2ed (2004) LexisNexis Butterworths Durban CronjeÂ DSP&HeatonJCasebook on South African Family Law 2ed (2004) LexisNexis Butterworths Durban
Key to study guide It is very important that you should understand how to use the study guide correctly. You must realise at the outset that the study guide is not a summary of your prescribed tutorial matter. It is merely a tool to lead and help you through your tutorial matter. Because the study guide is no more than a guide or tool, you will find little of the content of the module in it. What the study guide does contain is a scheme and/or an explanation by means of which you should study the prescribed tutorial matter. The study guide is designed to help you to go through the work systematically. If you plan your study programme in accordance with the subdivisions in the study guide you will have enough time to . studyallthework . do revision . do the assignments . prepare for the examination Note, however, that we do not provide you with a study programme for this module. You have to go through the work at your own pace. You will only be able to master this module if you start studying it early in the semester/year and if you study every day. For some study units you will need only a couple of days, while you will have to spend more time on others. You must please not underestimate the scope of this module. After the table of contents we briefly explain the objectives and learning outcomes of this module. After that we give you a brief overview of the contents of the module as well as a graphic representation of the way in which this module is structured (the module map). Further, at the beginning of each study unit we indicate, by way of the abovementioned module map, what you have already studied and what you will be studying in the particular study unit. You will see that the study guide is divided into ten sections. Each section contains an overview which gives you an outline of the study units in that section. Youwillnoticethateachstudyunitdefinesitslearning outcomes in such a way that it indicates in broad terms what you should be able to do when you have completed that particular study unit. The learning outcomes of the study unit is therefore an important guideline on how to approach the tutorial matter. Under the heading ``Prescribed matter'' in each study unit in the study xi
Page 2 and 3: # 2000 University of South Africa R
Page 4 and 5: iv 17 Forfeiture of patrimonial ben
Page 6 and 7: vi Ð analyse and critically evalua
Page 8 and 9: The content of this module can be g
Page 12 and 13: xii guide you are told what to read
Page 15 and 16: Glossary
Page 17 and 18: ad litem for the case or suit affid
Page 19 and 20: descendants your descendants are th
Page 21 and 22: legislation things like Acts, procl
Page 23 and 24: e in connection with or in the case
Page 25: void marriage a marriage which has
Page 28 and 29: 2 SECTION I Introduction to family
Page 30 and 31: 4 STUDY UNIT 1 In preparation MODUL
Page 32 and 33: Order in which authoritative source
Page 34 and 35: 8 South Eastern Cape local division
Page 36 and 37: 10 without qualification. Where a p
Page 38 and 39: 12 2.4 The magistrates' courts and
Page 40 and 41: 14 STUDY UNIT 2 Content of family l
Page 42 and 43: Wide and narrow meaning 16 branches
Page 44 and 45: 18 STUDY UNIT 3 Historical overview
Page 46 and 47: 20 HAVE YOU READ THE ``KEY TO THE S
Page 48 and 49: 22 Engagement SECTION II Marriage l
Page 50 and 51: 24 Engagement STUDY UNIT 4 The enga
Page 52 and 53: Distinction between engagement and
Page 54 and 55: 28 in the missing words. The words
Page 56 and 57: ACTIVITY This activity tests your u
Page 58 and 59: Lawfulness and possibility Finalisa
Page 60 and 61:
ACTIVITY On page 12 of your prescri
Page 62 and 63:
36 engagement, the courts calculate
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Action on ground of seduction 38 FE
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40 fallen in love with another woma
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42 marriage itself. First of all yo
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Prodigal Insane person Person place
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had been so threatened and assaulte
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Adoptive parent and adopted child P
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Common ancestor prospective spouses
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Blood relatives in direct line Bloo
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54 (2) (a) T is related to Mr A wit
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56 QUESTIONS NB: Make sure that you
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Engagement STUDY UNIT 6 The civil m
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60 INSTANCES PERSON/PERSONS/AUTHORI
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62 antenuptial contract, the questi
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64 (2) Whose consent is needed if a
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66 LEARNING OUTCOMES The purpose of
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(3) When only can a man apply for t
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70 ACTIVITY Place each of the follo
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Legitimacy of a child born of a put
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74 Engagement STUDY UNIT 8 The inva
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Variable versus invariableconsequen
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Maintenance = support Meaning of ``
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Requirements for capacity Terminati
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Revocation or limitation of the cap
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84 FEEDBACK This statement is false
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86 (16) Discuss the concept ``house
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Matrimonial property law Section II
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OVERVIEW In section III we look at
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Primary matrimonial property system
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3.1 Assets Joint assets In your pre
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Jacob also exchanges the tractor wh
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Attachment of separate assets FEEDB
Page 127 and 128:
Debts incurred during the subsisten
Page 129 and 130:
QUESTIONS NB: Make sure that you ca
Page 131 and 132:
Marriage in community of property N
Page 133 and 134:
Equal concurrent management Section
Page 135 and 136:
lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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Requirements: (a) The court should
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study unit (study unit 9) where the
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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found in such a contract. The next
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FEEDBACK The Deeds Registries Act 4
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not, as many people wrongly think,
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Page 153 and 154:
Aim of legislature in introducing a
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Accrual and accrual claim relate to
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ACTIVITY Provide a summary of the s
Page 159 and 160:
The accrual in Mr X's estate is cal
Page 161 and 162:
suffered and/or still suffers, and
Page 163 and 164:
Page 165 and 166:
Relaxation of principle of immutabi
Page 167 and 168:
Requirements Procedural requirement
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concluded before the marriage. Subs
Page 171:
not change their matrimonial proper
Page 174 and 175:
148 SECTION IV Dissolution of marri
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150 IV DISSOLUTION OF MARRIAGE Deat
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Extra-judicial separation Predeceas
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154 (3) the standard of living of t
Page 182 and 183:
Page 184 and 185:
. Prescribed textbook 124±126 ``11
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160 (2) Provide a short explanation
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Criteria contained in subsections 5
Page 190 and 191:
Special rules You must also note th
Page 192 and 193:
166 (15) How do the provisions of s
Page 194 and 195:
168 Now that you know what the grou
Page 196 and 197:
Scope of provisions Lastly, you sho
Page 198 and 199:
172 STUDY UNIT 17 Forfeiture of pat
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Undue benefit Justness and fairness
Page 202 and 203:
176 marriage out of community of pr
Page 204 and 205:
Page 206 and 207:
Prerequisites Prerequisite that spo
Page 208 and 209:
4 OTHER CONSIDERATIONS THE COURT TA
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Equal distribution between spouses
Page 212 and 213:
186 (1) the order's source of law (
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188 . Form of a redistribution orde
Page 216 and 217:
190 LEARNING OUTCOMES The purpose o
Page 218 and 219:
Factors Weight attached to factors
Page 220 and 221:
194 FEEDBACK (1) Mrs Kahn will prob
Page 222 and 223:
Dum casta clause party in whose fav
Page 224 and 225:
198 PRINCIPLE CASE NAME (4) The app
Page 226 and 227:
200 . Waiver of the right to claim
Page 228 and 229:
202 LEARNING OUTCOMES After studyin
Page 230 and 231:
Definition of guardianship Awarding
Page 232 and 233:
Mother as custodial parent Your tex
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Custody to a third party In the sec
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210 made a restrictive order simila
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212 . Access (16) What does the con
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214 LEARNING OUTCOMES The purpose o
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Limitation on publication Exception
Page 244 and 245:
218 SUMMARY In this study unit you
Page 246 and 247:
Customary marriages concluded befor
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Customary marriages concluded befor
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Invalid ito common law Valid ito Ac
Page 252 and 253:
Position before commencement of the
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Ground for divorce Patrimonial cons
Page 256 and 257:
Customary law part of culture Custo
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232 . Registration of the marriage
Page 260 and 261:
234 . how a customary marriage can
Page 262 and 263:
236 SECTION VI Muslim marriages MOD
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238 (2) set out the legislative rec
Page 266 and 267:
240 surviving spouse in a monogamou
Page 268 and 269:
242 and Muslim marriages constitute
Page 271 and 272:
Life partnerships Section VII
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STUDY UNIT 24 Life partnerships MOD
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2 GENERAL The general rule of our l
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espectively, certain job-related be
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. Definition (1) What is a life par
Page 282 and 283:
256 SECTION VIII Domestic violence
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(3) indicate that in terms of the D
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260 In the next section we deal wit
Page 288 and 289:
262 SECTION IX Children's rights an
Page 290 and 291:
264 STUDY UNIT 26 Children's rights
Page 292 and 293:
Ways to obtain authority 266 regula
Page 294 and 295:
Wide and narrow meaning Guardianshi
Page 296 and 297:
Meaning of judicial interference it
Page 298 and 299:
272 (2) Which special rights are gi
Page 300 and 301:
274 . what parental power is . how
Page 302 and 303:
In this study unit we shall look at
Page 304 and 305:
In Petersen v Maintenance Officer t
Page 306 and 307:
280 (7) Does a stepparent have a du
Page 308 and 309:
282 SECTION X Guardianship and cura
Page 310 and 311:
284 You will further note in this s
Page 312 and 313:
Definitions 286 1.2 The requirement
Page 314 and 315:
288 QUESTIONS NB: Make sure that yo
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