key to the study guide - Name

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:
Mr and Mrs X were married in community of property on 9 December
1993. Mr X wants to conclude the following transactions:
(1) He wants to have the cracks in the walls of the parties' home repaired
and decides to register a bond over the house in order to finance the
repairs to the house.
(2) He wants to institute legal proceedings against the previous owner of
the house because he concealed the fact that the walls of the house
were cracking.
(3) He wants to donate the parties' grand piano to his sister because it
will get damaged during the repairs to the house.
(4) He wants to alienate the parties' life insurance policies so that they
can afford the new bond instalments.
(i) What form of consent must Mr X obtain from Mrs X in each of
the above transactions?
(ii) What can Mr X do if Mrs X unreasonably withholds her consent
with regard to those transactions for which he needs her consent?
SUMMARY
In this study unit you learned
. what the principle of equal management is
. what it entails, namely that one spouse married in community of
property may perform certain juristic acts without the consent of the
other spouse, and that other juristic acts must be performed with the
consent of the other spouse
. that certain protective measures in respect of the administration of the
joint estate are contained in the Matrimonial Property Act
. how the capacity to litigate of spouses married in community of
property works
You have now finished studying marriage in community of property. In the
next study unit we begin our discussion on marriage out of community of
property.
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