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116<br />
(6) For which acts does <strong>the</strong> Matrimonial Property Act simply require<br />
consent without indicating in what form this consent has <strong>to</strong> be?<br />
. Acts for which consent is unnecessary<br />
(7) For which groups of acts is consent unnecessary?<br />
(8) How do <strong>the</strong> courts interpret <strong>the</strong> requirement that <strong>the</strong> spouse must<br />
have acted in <strong>the</strong> ordinary course of his or her profession, trade or<br />
business?<br />
. Protective measures in <strong>the</strong> Matrimonial Property Act 88 of 1984<br />
in respect of <strong>the</strong> administration of <strong>the</strong> joint estate<br />
. Protection of third parties<br />
(9) If a spouse who is married in community of property alienates an<br />
asset of <strong>the</strong> joint estate without <strong>the</strong> requisite consent of his or her<br />
spouse, will <strong>the</strong> transaction be valid as against <strong>the</strong> third party?<br />
Discuss.<br />
. Protection of <strong>the</strong> spouses inter partes<br />
(10) Which remedy does one spouse have as against <strong>the</strong> o<strong>the</strong>r if <strong>the</strong><br />
latter enters in<strong>to</strong> a transaction with a third party while knowing<br />
that he or she would not obtain <strong>the</strong> requisite consent of his or her<br />
spouse? Give authority for your answer.<br />
(11) What can a spouse do if he or she wants <strong>to</strong> enter in<strong>to</strong> a transaction<br />
and <strong>the</strong> o<strong>the</strong>r spouse withholds her or his consent unreasonably?<br />
(12) List <strong>the</strong> requirements for an application in terms of section 20(1)<br />
of <strong>the</strong> Matrimonial Property Act for <strong>the</strong> immediate division of <strong>the</strong><br />
joint estate.<br />
(13) Discuss <strong>the</strong> three common-law remedies that are still available <strong>to</strong><br />
one spouse in <strong>the</strong> event of fraudulent conduct of <strong>the</strong> o<strong>the</strong>r spouse.<br />
(14) What will <strong>the</strong> consequences be if one spouse has <strong>the</strong> o<strong>the</strong>r spouse<br />
declared a prodigal?<br />
. Capacity <strong>to</strong> litigate<br />
(15) May a spouse married in community of property institute legal<br />
proceedings against ano<strong>the</strong>r person without <strong>the</strong> written consent<br />
of his or her spouse? Discuss.<br />
(16) In what circumstances may a spouse married in community of<br />
property institute legal proceedings without <strong>the</strong> consent of <strong>the</strong><br />
o<strong>the</strong>r spouse?<br />
(17) Must an application for <strong>the</strong> sequestration of a joint estate always<br />
be made against both spouses? Discuss briefly.<br />
(18) What does section 17(5) provide in respect of <strong>the</strong> liability of<br />
spouses for<br />
(a) household necessaries?<br />
(b) o<strong>the</strong>r debts that bind <strong>the</strong> joint estate?<br />
(19) Who is liable for debts regarding one spouse's separate property?
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