key to the study guide - Name

Meaning of ``immutability''
138
LEARNING OUTCOMES
After studying this study unit you should be able to
(1) explain the principle of immutability in our matrimonial property law
(2) explain how the principle of immutability has been relaxed by the
legislator
(3) explain how the matrimonial property system can be changed in terms
of section 21(1) of the Matrimonial Property Act 88 of 1984
(4) explain whether section 21(1) authorises the courts to change the
matrimonial property system with retroactive effect
(5) explain extra-judicial alteration of the matrimonial property system
PRESCRIBED MATTER
Read
. Prescribed textbook 110 ``8.2.3 Procedural requirements''
. Prescribed textbook 111 ``8.2.5 The effect that changing from
community of property to separation of property has on jointlyowned
property''
Study
. Prescribed textbook 107±110 up to before ``8.2.3 Procedural
requirements''
. Prescribed textbook 110±111 ``8.2.4 Retroactive alteration of the
matrimonial property system''
. Prescribed textbook 111±112 ``8.3 Extra-judicial alteration of the
matrimonial property system''
. Ex parte KroÈs in your prescribed casebook 165±168
. Ex parte Oosthuizen in your prescribed casebook 169±172
. Ex parte Burger in your prescribed casebook 172±174
. Honey v Honey in your prescribed casebook 175±179
CONTENT OF THIS STUDY UNIT
1 THE MEANING OF THE PRINCIPLE OF IMMUTABILITY
First of all, you have to know that ``immutability'' means unchangeability
or unalterability. In other words, it refers to the fact that something
cannot be changed. In this case it is the matrimonial property system
which cannot be changed.