key to the study guide - Name

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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:
Before their marriage, John and Mary agree that they want to be married
out of community of property and of profit and loss and with the accrual
system. They approach a notary who draws up an antenuptial contract in
accordance with their wishes. John and Mary sign the antenuptial contract
ten days before their wedding date. The notary dies before having the
antenuptial contract registered in the deeds office. A year after their
wedding date, John and Mary discover that their antenuptial contract has
never been registered. They approach you for advice. Please advise them
(1) whether the antenuptial contract is valid as between them and as
against third parties
(2) what they can do to make the contract valid as against third parties
SUMMARY
In this study unit you learned about the general rules in respect of
marriage out of community of property. We concentrated in particular on
the antenuptial contract and its terms.
In the next study unit we discuss a particular type of marriage out of
community, namely a marriage to which the accrual system applies.