key to the study guide - Name

9 HEADSHIP OF THE FAMILY
The common-law rule that the husband is the head of the family is
discussed on pages 67±68 of the textbook. You should be able to explain
whether this rule still forms part of our law today.
QUESTIONS
NB: Make sure that you can answer these questions properly. They
are designed to test your knowledge of the study material in
this study unit.
. Invariable consequences of marriage Ð general
(1) Distinguish between the invariable and the variable consequences
of marriage.
(2) List the invariable consequences of marriage.
. Status of the spouses
(3) What does the status of ``being married'' involve?
(4) If a person marries when he or she is 17 years old and divorces
when he or she is 19 years old, does that person have the status of
a major?
. Consortium omnis vitae
(5) Fully discuss what is meant by the concept ``consortium omnis vitae''.
. Spousal maintenance
(6) When does the duty of support arise between spouses?
(7) What are the requirements for the duty of support to exist
between spouses?
(8) Does the duty of support rest on the husband only? Explain.
(9) If the spouses have separated and are living apart are they still
underanobligationtomaintaineachother?Explain.
(10) Can a spouse married in community of property enforce the duty
of support against his or her spouse?
(11) In which court or courts may the duty of support be enforced?
. Purchase of household necessaries
(12) Is the duty of support the same as the duty to contribute to the
purchase of household necessaries? Explain.
(13) Why is it still of practical importance today to establish whether
or not a specific item is a household necessary?
(14) List the requirements on which a spouse's capacity to purchase
household necessaries depends.
(15) Which statutory provisions govern the liability for household
necessaries of
(a) spouses married in community of property,
(b) spouses married out of community of property
Explain what each provision has to say.
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