key to the study guide - Name

84
FEEDBACK
This statement is false since both mother and father have equal
guardianship over their legitimate child(ren).
7 DONATIONS BETWEEN SPOUSES
At common law spouses were prohibited from making donations to each
other. Section 22 of the Matrimonial Property Act 88 of 1984 has changed
this rule. You must study pages 66±67 in your textbook on the effect of
section 22. You should note that the abolition of the prohibition on
donations between spouses does not permit or enable spouses who are
married in community of property to make donations to each other, unless
the donor spouse donates one of his or her separate assets to the other
spouse subject to the provision that the donation must be excluded from
the joint estate. The reason for this is set out on page 67 of the textbook.
Make sure that you understand it.
ACTIVITY
What is the reason why the abolition of the prohibition on donations does
not apply between spouses married in community of property?
FEEDBACK
Spouses who are married in community share everything equally. If one
spouse makes a donation from his or her half of the joint estate, to the
other spouse, the donated item will simply come out of the joint estate and
fall back into it. Thus the donation will have no effect.
8 THE FAMILY NAME
Under this heading on page 67 in your textbook it is explained that a wife
can, but need not, assume her husband's surname on marriage. Note that a
woman may also keep her own surname or add it to her husband's to
create a double-barrel surname. Note further that a husband does not have
the same choices regarding his surname. If he wishes to assume his wife's
surname or add it to his own he must apply to the director-general for
permission to do so. This state of affairs is probably unconstitutional.