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96 deed of donation that the sewing machine must be excluded from Jacob and Marian's joint estate. The deed of donation does not contain any further stipulations. Marian, who cannot do needlework, exchanges the sewing machine for a painting at a swop shop. Both Jacob's parents die in a car accident. Jacob's father leaves a will in which he bequeathes his farm and farmhouse, tractor and cow to Jacob. The will further stipulates that these assets are to be excluded from Jacob and Marian's joint estate. The will does not contain any further stipulations. According to Jacob's mother's will she bequeathes R1 000 to Jacob. According to her will this bequest, as well as the fruits of the bequest, should be excluded from Jacob and Marian's joint estate. Jacob later decides to exchange the tractor for a plough. He uses R500 of the R1 000, he inherited from his mother, to erect a barn for the calf recently born of the cow he inherited from his father. Jacob deposits the remaining half of the R1 000 (ie R500) into his savings account. Read carefully through the above-mentioned facts and then answer the following questions: (1) Name the assets which replaced the excluded assets (excluded assets are the assets excluded from the joint estate). (2) Name the assets which are the fruits of the excluded assets. (3) Complete the table below by making a tick (V) in column B in order to indicate which assets fall within and which assets fall outside Jacob and Marian's joint estate. COLUMN A COLUMN B Assets Fall within the joint estate (a) Painting (b) Farm and farmhouse (c) Plough (d) Cow (e) Calf (f) The remaining R500 (g) Interest on R500 Ð in terms of the prescribed interest rate (h) Barn FEEDBACK Fall outside the joint estate (1) The sewing machine, which was donated to Marian and which falls outside the joint estate of Jacob and Marian (in terms of the deed of donation), is exchanged at the swop shop for a painting. Jacob uses half of the R1 000 (ie R500), which he inherited and which falls outside the spouses' joint estate (in terms of the will) to erect a barn.
Jacob also exchanges the tractor which is an excluded asset, for a plough. The painting, barn and plough are therefore assets which replaced the excluded assets. (2) The calf and interest earned on the remaining half of the R1 000 (ie R500) are fruits of the excluded assets. (3) (a) The painting falls outside the joint estate. When a third party (Bettie) donates something (sewing machine) to a husband or a wife (Marian), subject to the condition that such asset must not fall within the joint estate, and the asset is exchanged, the exclusion will remain valid in respect of the property obtained by the exchange (painting). (b) The farm and farmhouse fall outside the joint estate. Jacob inherited the farm and farmhouse in terms of his father's will, subject to the condition that it should fall outside the joint estate. (c) The plough falls outside the joint estate. When a third party (Jacob's father) bequeathes something (tractor) to a husband or a wife (Jacob), subject to the condition that such asset must not fall within the joint estate, and the bequest is exchanged, the exclusion will remain valid in respect of the property obtained by the exchange (plough). (d) The cow falls outside the joint estate. Jacob inherited the cow under his father's will, subject to the condition that it should fall outside the joint estate. (e) The calf falls within the joint estate. The fruits of a bequest which is excluded from the joint estate will become part of the joint estate. If the testator wants these to be excluded as well, he or she must make a specific stipulation to this effect. Jacob's father did not stipulate in his will that the exclusion should extend to the fruits. (f) The remaining R500 of the R1 000 falls outside the joint estate. Jacob inherited the R1 000 under his mother's will, subject to the condition that it should fall outside the joint estate. (g) The interest on R500 falls outside the joint estate. In terms of Jacob's mother's will, the fruits of the bequest (R1 000 of which only R500 remained) should also be excluded from the joint estate. (h) The barn falls outside the joint estate. When a third party (Jacob's mother) bequeathes something (R1 000, of which he used R500 for the barn) to a husband or wife (Jacob), subject to the condition that the asset should not fall within the joint estate, and the bequest is exchanged (the money is converted into something else, namely the barn), the exclusion will remain valid in respect of the property obtained by the exchange (barn). 97
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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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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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Page 84 and 85: Engagement STUDY UNIT 6 The civil m
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Page 96 and 97: 70 ACTIVITY Place each of the follo
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Page 110 and 111: 84 FEEDBACK This statement is false
Page 112 and 113: 86 (16) Discuss the concept ``house
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: 3.1 Assets Joint assets In your pre
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
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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
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Page 165 and 166: Relaxation of principle of immutabi
Page 167 and 168: Requirements Procedural requirement
Page 169 and 170: concluded before the marriage. Subs
Page 171: 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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