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102 FEEDBACK DEBTS OUTSTANDING UPON THE DISSOLUTION OF THE JOINT ESTATE Incurred before the marriage Can only be recovered from the original debtor Uncertain whether the original debtor has a right of recourse Voet, CronjeÂ and Heaton: right of recourse for half Contractual debts Delictual and other separate debts Van der Keesel and Reis v Executors of Gilloway: no right of recourse Incurred in the course of marriage Can be claimed in full from the spouse who originally incurred the debt, or half of the debt from each spouse If the spouse who originally incurred the debt has paid the full debt: right of recourse for half of what he or she has paid If one of the spouses possesses most of the assets of the former joint estate after its dissolution (for example, due to a forfeiture order having been made against the other spouse upon divorce), the debt can be claimed in full from him or her without the other spouse first being excussed. Can only be claimed from the spouse who originally incurred the debt If the spouse who originally incurred the debt pays the full amount he or she has no right of recourse against the other spouse
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. . Universal community of property as the primary matrimonial property system (1) State all the circumstances in which the presumption that all marriages are in community of property, may be rebutted. . The nature of universal community of property (2) Discuss the nature of universal community of property. . The content of universal community of property (3) List the assets which do not form part of the joint estate. (4) Can the separate assets of a spouse married in community of property be used to pay the claims of the creditors of the joint estate? Fully discuss with reference to authority. (5) Can the separate assets of a spouse married in community of property be used to pay the claims of the creditors of the other spouse's separate or private debts? (6) Do all antenuptial debts become joint debts in marriages entered into in community of property? (7) Explain the method a creditor must use to recover damages for a delict committed against him or her by a spouse married in community of property. (8) May one spouse married in community of property hold the other spouse liable in delict in respect of bodily injuries caused either wholly or partially by the other spouse? (9) From whom must a contractual debt, which was entered into prior to the conclusion of a marriage in community of property, but which has not yet been paid at the time of the dissolution of the marriage, be recovered? (10) If a marriage in community of property is dissolved by divorce withoutadebtincurredbythewifehavingbeenfullypaid,may the full amount of the debt be claimed from the wife without her ex-husband first being excussed? Discuss. (11) From whom must delictual debts which have not been settled after a marriage in community of property has been dissolved, be claimed? 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: 103
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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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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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had been so threatened and assaulte
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Adoptive parent and adopted child P
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Common ancestor prospective spouses
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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 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 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: Debts incurred during the subsisten
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 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
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
Page 174 and 175: 148 SECTION IV Dissolution of marri
Page 176 and 177: 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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156 IV DISSOLUTION OF MARRIAGE Deat
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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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178 IV DISSOLUTION OF MARRIAGE Deat
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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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