key to the study guide - Name

Aim of legislature in
introducing accrual
system
Field of application
of accrual system
CONTENT OF THIS STUDY UNIT
1 GENERAL
Under the heading ``7.4.1 Introduction'' in your prescribed textbook on
page 97 one aspect is addressed, namely the aim of the legislature in
introducing the accrual system. Since the old standard form antenuptial
contract (ie marriage with complete separation of property) was often very
prejudicial to the wife, the Matrimonial Property Act created a new
matrimonial property system, namely the accrual system. You must be
able to explain why it was necessary to introduce the accrual system.
The discussion in the textbook under the headiang ``7.4.2 The marriages
to which the accrual system applies'' deals with the field of application
of the accrual system. Firstly, you will see that section 2 of the
Matrimonial Property Act provides that the accrual system is automatically
applicable to all marriages out of community of property and
community of profit and loss, which are concluded after 1 November
1984. Secondly, you will see in your textbook that the accrual system does
not automatically apply to marriages out of community of property and of
profit and loss, which were concluded before the commencement of the
Matrimonial Property Act. However, parties so married were given a
limited period in which they could make the accrual system applicable to
their marriage by the execution and registration of a notarial contract in
terms of the Matrimonial Property Act. After the coming into operation of
the Marriage and Matrimonial Property Law Amendment Act 3 of 1988
black persons could also make the accrual system applicable to their
marriages in this manner.
ACTIVITY
Read page 98 of the textbook, and indicate to which type of marriage the
accrual system applies.
FEEDBACK
(1) Marriages concluded out of community of property and community of
profit and loss after 1 November 1984 where the parties did not
expressly exclude the accrual system in their antenuptial contract.
(2) Marriages where the spouses introduced the accrual system by the
execution and registration of a notarial contract.
(3) Marriages where the spouses introduced the accrual system in terms of
a court order under section 21(1) of the Matrimonial Property Act. (S
21(1) is discussed in the next study unit.)
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