key to the study guide - Name

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(16) Discuss the concept ``household necessaries'' with reference to
authority.
(17) May one spouse unilaterally and without a court order revoke the
other spouse's capacity to purchase household necessaries? Fully
discuss with reference to authority.
(18) If, for instance, a husband is sued on the basis of a contract that
his wife concluded for household necessaries, would it be a defence
either that there already was a sufficient supply of the articles
concerned in the house or that he had made sufficient funds
available to her? Fully discuss with reference to authority (case
law and the opinions of some authors).
. The Maintenance Act 99 of 1998
(19) Indicate whether the following statements concerning the
Maintenance Act 99 of 1998 are true or false:
(a) The Act is also applicable to a contractual duty of support
between persons who are not related to each other by blood or
marriage (such as cohabitants).
(b) The Act provides that the maintenance court may not make
an order for the payment of maintenance by way of a lump
sum.
(c) In terms of the Act any order made by a maintenance court
has the effect of an order made in a civil action.
(20) For which new and/or improved mechanisms to enforce a
maintenance order does the Maintenance Act 99 of 1998 make
provision?
. The matrimonial home
(21) Briefly explain what the spouses' right to occupy the matrimonial
home entails.
(22) When and in which manner may a spouse be ejected from the
matrimonial home?
. Parental authority
(23) Who has guardianship over children born to a married couple?
. Donations between spouses
(24) Is a donation between spouses married out of community of
property and made on 1 January 1980 regarded as valid today?
Give authority for your answer.
(25) Can spouses married in community of property make effective
donations to each other? Explain your answer.
. Family name
(26) Must a wife assume her husband's surname?
. Headship of the family
(27) Does the common-law rule that the husband is the head of the
family still form part of our law? Explain briefly.