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112
(7) institution of the actio Pauliana utilis intermsofwhichanassetofthe
joint estate, that was alienated in a fraudulent manner, may be
recovered
(8) application for the declaration of one spouse as a prodigal
You must ensure that you fully understand and can discuss the
requirements for the application and the granting of each of these
remedies.
ACTIVITY
Discuss the requirements for the application and the granting of each of
the above remedies which one spouse may use against the other where they
are married in community of property.
FEEDBACK
(1) An application in terms of section 15(9)(b) of the Matrimonial
Property Act 88 of 1984 for an adjustment, upon division of the joint
estate.
Requirements: (a) The spouse who concludes a transaction with a
third party should know or ought to have known
that the required consent would probably not be
obtained from the other spouse or that the power
concerned has been suspended.
(b) The joint estate has to suffer a loss as a result of
the transaction.
(2) An application for authorisation of the transaction by the court when
the required consent cannot be obtained or is being unreasonably
withheld by a spouse.
Requirement: (a) The court must be satisfied that a good reason
exists for dispensing with the other spouse's
consent.
(3) An application for suspension by the high court of any power which a
spouse may have over the joint estate in terms of the Matrimonial
Property Act 88 of 1984, for a definite or indefinite period.
Requirements: (a) The court must be satisfied that it is necessary for
the protection of the other spouse's interests in the
joint estate.
(b) The court can only suspend the power on
application by the prejudiced spouse.
(4) An application in terms of section 20 of the Matrimonial Property Act
88 of 1984 for immediate division of the joint estate.