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86 (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.
PLEASE NOTE: YOU SHOULD ALSO BE ABLE TO ANSWER PROBLEM-TYPE QUESTIONS ON THE CONTENT OF THIS STUDY UNIT. Below follows an example of a problem-type question: Mr and Mrs Brink were married out of community of property in 1975. During December 1982 the spouses made donations to each other. Answer the following questions: (1) Were the donations, made during 1982, valid at that stage? Briefly substantiate your answer. (2) Are the donations, made during 1982, valid today? Substantiate your answer with reference to authority. SUMMARY In this study unit you learned . to distinguish between the variable and invariable consequences of marriage . what the invariable consequences of marriage are . to discuss each invariable consequence 87
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# 2000 University of South Africa R
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
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Order in which authoritative source
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8 South Eastern Cape local division
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10 without qualification. Where a p
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12 2.4 The magistrates' courts and
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14 STUDY UNIT 2 Content of family l
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Wide and narrow meaning 16 branches
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18 STUDY UNIT 3 Historical overview
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20 HAVE YOU READ THE ``KEY TO THE S
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22 Engagement SECTION II Marriage l
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24 Engagement STUDY UNIT 4 The enga
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Distinction between engagement and
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28 in the missing words. The words
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ACTIVITY This activity tests your u
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Lawfulness and possibility Finalisa
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ACTIVITY On page 12 of your prescri
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Page 64 and 65: Action on ground of seduction 38 FE
Page 66 and 67: 40 fallen in love with another woma
Page 68 and 69: 42 marriage itself. First of all yo
Page 70 and 71: Prodigal Insane person Person place
Page 72 and 73: had been so threatened and assaulte
Page 74 and 75: Adoptive parent and adopted child P
Page 76 and 77: Common ancestor prospective spouses
Page 78 and 79: Blood relatives in direct line Bloo
Page 80 and 81: 54 (2) (a) T is related to Mr A wit
Page 82 and 83: 56 QUESTIONS NB: Make sure that you
Page 84 and 85: Engagement STUDY UNIT 6 The civil m
Page 86 and 87: 60 INSTANCES PERSON/PERSONS/AUTHORI
Page 88 and 89: 62 antenuptial contract, the questi
Page 90 and 91: 64 (2) Whose consent is needed if a
Page 92 and 93: 66 LEARNING OUTCOMES The purpose of
Page 94 and 95: (3) When only can a man apply for t
Page 96 and 97: 70 ACTIVITY Place each of the follo
Page 98 and 99: Legitimacy of a child born of a put
Page 100 and 101: 74 Engagement STUDY UNIT 8 The inva
Page 102 and 103: Variable versus invariableconsequen
Page 104 and 105: Maintenance = support Meaning of ``
Page 106 and 107: Requirements for capacity Terminati
Page 108 and 109: Revocation or limitation of the cap
Page 110 and 111: 84 FEEDBACK This statement is false
Page 115 and 116: Matrimonial property law Section II
Page 117 and 118: OVERVIEW In section III we look at
Page 119 and 120: Primary matrimonial property system
Page 121 and 122: 3.1 Assets Joint assets In your pre
Page 123 and 124: Jacob also exchanges the tractor wh
Page 125 and 126: 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
Page 137 and 138: FEEDBACK CIRCUMSTANCES CONSEQUENCES
Page 139 and 140: Requirements: (a) The court should
Page 141 and 142: study unit (study unit 9) where the
Page 143 and 144: PLEASE NOTE: YOU SHOULD ALSO BE ABL
Page 145 and 146: found in such a contract. The next
Page 147 and 148: FEEDBACK The Deeds Registries Act 4
Page 149 and 150: not, as many people wrongly think,
Page 151 and 152: Marriage in community of property N
Page 153 and 154: Aim of legislature in introducing a
Page 155 and 156: Accrual and accrual claim relate to
Page 157 and 158: 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
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Marriage in community of property N
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Relaxation of principle of immutabi
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Requirements Procedural requirement
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concluded before the marriage. Subs
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not change their matrimonial proper
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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
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. Prescribed textbook 124±126 ``11
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160 (2) Provide a short explanation
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Criteria contained in subsections 5
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Special rules You must also note th
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166 (15) How do the provisions of s
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168 Now that you know what the grou
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Scope of provisions Lastly, you sho
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172 STUDY UNIT 17 Forfeiture of pat
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Undue benefit Justness and fairness
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176 marriage out of community of pr
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Prerequisites Prerequisite that spo
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4 OTHER CONSIDERATIONS THE COURT TA
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Equal distribution between spouses
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186 (1) the order's source of law (
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188 . Form of a redistribution orde
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190 LEARNING OUTCOMES The purpose o
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Factors Weight attached to factors
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194 FEEDBACK (1) Mrs Kahn will prob
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Dum casta clause party in whose fav
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198 PRINCIPLE CASE NAME (4) The app
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200 . Waiver of the right to claim
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202 LEARNING OUTCOMES After studyin
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Definition of guardianship Awarding
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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
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218 SUMMARY In this study unit you
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Customary marriages concluded befor
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Customary marriages concluded befor
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Invalid ito common law Valid ito Ac
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Position before commencement of the
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Ground for divorce Patrimonial cons
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Customary law part of culture Custo
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232 . Registration of the marriage
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234 . how a customary marriage can
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236 SECTION VI Muslim marriages MOD
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238 (2) set out the legislative rec
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240 surviving spouse in a monogamou
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242 and Muslim marriages constitute
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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
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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
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262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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