key to the study guide - Name

Equal concurrent
management
Section 14 of Matrimonial
Property
Act Ð definition
Matrimonial Property
Act Ð no consent
except in
specific instances
of the marital power'' in your prescribed textbook on pages 77±78, to
get an idea of what the effect of the marital power was before its complete
abolition by section 29 of the General Law Fourth Amendment Act 132 of
1993 on 1 December 1993.
2 THE PRINCIPLE OF EQUAL MANAGEMENT OF THE JOINT ESTATE
In respect of the discussion of this matter on page 78 of the textbook it is
important that you should first note that in the case of marriage in
community of property, the marital power has been replaced by equal
concurrent management of the joint estate as envisaged in section 14 of
the Matrimonial Property Act 88 of 1984.
The principle of equal management of the joint estate is defined in section
14 of the Matrimonial Property Act 88 of 1984. Ensure that you know and
fully understand the effect of the provisions of section 14 as set out in your
prescribed textbook. You will note that husband and wife now have equal
powers to manage the joint estate. In this regard, the Matrimonial
Property Act states further that any spouse in a marriage in community of
property may perform any juristic act with regard to the joint estate
without the consent of the other spouse, except such juristic acts as are
specifically excluded by the Act. There are therefore certain juristic acts
which a spouse married in community of property may not perform
without the consent of the other spouse. You will see in your textbook that
the effect of this requirement of joint consent regarding certain juristic acts
is that both spouses' capacity to act with reference to the joint estate is
restricted.
3 THE DIFFERENT FORMS OF CONSENT
Forms of consent The different forms of consent that sections 15(2) and (3) and section
17(1) of the Matrimonial Property Act provides for are listed in your
prescribed textbook in paragraphs (a) to (d) on pages 79±80 under the
heading ``6.6.3 The acts for which the consent of both spouses is
required''. These forms of consent are the following:
Juristic acts which
resort under each
form
(1) prior written consent, attested by two competent witnesses, in respect
of each transaction separately
(2) written consent, attested by two competent witnesses, in respect of
each transaction separately
(3) written consent without any further requirements
(4) oral or tacit consent
The specific juristic acts which resort under each of these forms, are
mentioned each time. It is very important that you should know which
juristic acts fall under each form of consent, because you may come across
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