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xvi Glossary This glossary contains a list of technical and legal terms. It is intended as a reference aid to be used when you do not understand a specific technical expression or legal term. You can look up the term or expression here but you need not memorise the explanation. A very important further aid is Hiemstra VG and Gonin GL Trilingual Legal Dictionary (1992) 3 ed Juta Cape Town. In that work you will find more terms and expressions. accrual system postponed community of profit a contrario as a contrast; on the other hand a fortiori so much the more a priori before the case has been investigated. An a priori argument is an argument based on accepted axioms and not on experience. It is therefore not empirical a quo from which. The judgment of a court of first instance or an inferior court or the court appealed from, that is the court before which the matter served before it was brought before the present court ab initio from the beginning absolution from the instance this means that the plaintiff has not discharged his or her burden of proof, but the claim is not dismissed, so that the defendant cannot raise a plea of res iudicata if the plaintiff institutes the same action later. The plaintiff may therefore institute his or her claim against the defendant on the same cause of action accrual the amount by which the value of the spouse's estate at the dissolution of the marriage exceeds the value of the estate at the commencement of the marriage actio action ad hoc for a specific occasion or purpose ad idem agreed ad infinitum to infinity
ad litem for the case or suit affidavit sworn statement affinity those persons who are related by marriage affinity in collateral line exists between a spouse and the blood relatives in the collateral line of the other spouse (in other words, the relationship between you and your spouse's sisters and brothers and their children, and so on) affinity in direct line exists between a spouse and all the blood relatives in the direct line of the other spouse (in other words the relationship between you and your mother-in-law, your stepdaughters etc) aliter otherwise animus iniuriandi intention to infringe personality antenuptial before the marriage arrhae sponsalitiae gifts presented to show the seriousness of the promise to marry ascendants your ascendants are your forebears or ancestors, that is, your parents, grandparents, greatgrandparents, and so on blood relatives in collateral line persons who are blood relatives in the collateral line are persons who are not related in the direct line (in other words they are not ascendants and descendants) but nevertheless have one or more common ancestor blood relatives in direct line persons who are blood relatives in the direct line are ascendants and descendants of each other beneficium benefit bona fide in good faith boni mores legal convictions of the community cadit quaestio the question falls away cautio de restituendo security for restitution chastise to punish (can include corporal punishment) codification writing down the law in an Act called a Code coitus sexual intercourse xvii
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Page 4 and 5: iv 17 Forfeiture of patrimonial ben
Page 6 and 7: vi Ð analyse and critically evalua
Page 8 and 9: The content of this module can be g
Page 10 and 11: x Bibliography CronjeÂ DSP & Heato
Page 12 and 13: xii guide you are told what to read
Page 15: Glossary
Page 19 and 20: descendants your descendants are th
Page 21 and 22: legislation things like Acts, procl
Page 23 and 24: e in connection with or in the case
Page 25: void marriage a marriage which has
Page 28 and 29: 2 SECTION I Introduction to family
Page 30 and 31: 4 STUDY UNIT 1 In preparation MODUL
Page 32 and 33: Order in which authoritative source
Page 34 and 35: 8 South Eastern Cape local division
Page 36 and 37: 10 without qualification. Where a p
Page 38 and 39: 12 2.4 The magistrates' courts and
Page 40 and 41: 14 STUDY UNIT 2 Content of family l
Page 42 and 43: Wide and narrow meaning 16 branches
Page 44 and 45: 18 STUDY UNIT 3 Historical overview
Page 46 and 47: 20 HAVE YOU READ THE ``KEY TO THE S
Page 48 and 49: 22 Engagement SECTION II Marriage l
Page 50 and 51: 24 Engagement STUDY UNIT 4 The enga
Page 52 and 53: Distinction between engagement and
Page 54 and 55: 28 in the missing words. The words
Page 56 and 57: ACTIVITY This activity tests your u
Page 58 and 59: Lawfulness and possibility Finalisa
Page 60 and 61: ACTIVITY On page 12 of your prescri
Page 62 and 63: 36 engagement, the courts calculate
Page 64 and 65: Action on ground of seduction 38 FE
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40 fallen in love with another woma
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42 marriage itself. First of all yo
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Prodigal Insane person Person place
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had been so threatened and assaulte
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Adoptive parent and adopted child P
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Common ancestor prospective spouses
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Blood relatives in direct line Bloo
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54 (2) (a) T is related to Mr A wit
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56 QUESTIONS NB: Make sure that you
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Engagement STUDY UNIT 6 The civil m
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60 INSTANCES PERSON/PERSONS/AUTHORI
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62 antenuptial contract, the questi
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64 (2) Whose consent is needed if a
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66 LEARNING OUTCOMES The purpose of
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(3) When only can a man apply for t
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70 ACTIVITY Place each of the follo
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Legitimacy of a child born of a put
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74 Engagement STUDY UNIT 8 The inva
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Variable versus invariableconsequen
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Maintenance = support Meaning of ``
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Requirements for capacity Terminati
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Revocation or limitation of the cap
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84 FEEDBACK This statement is false
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86 (16) Discuss the concept ``house
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Matrimonial property law Section II
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OVERVIEW In section III we look at
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Primary matrimonial property system
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3.1 Assets Joint assets In your pre
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Jacob also exchanges the tractor wh
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Attachment of separate assets FEEDB
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Debts incurred during the subsisten
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QUESTIONS NB: Make sure that you ca
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Marriage in community of property N
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Equal concurrent management Section
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lawfully since Mr Khumalo's written
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FEEDBACK CIRCUMSTANCES CONSEQUENCES
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Requirements: (a) The court should
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study unit (study unit 9) where the
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PLEASE NOTE: YOU SHOULD ALSO BE ABL
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found in such a contract. The next
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FEEDBACK The Deeds Registries Act 4
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not, as many people wrongly think,
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Aim of legislature in introducing a
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Accrual and accrual claim relate to
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ACTIVITY Provide a summary of the s
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The accrual in Mr X's estate is cal
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suffered and/or still suffers, and
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Relaxation of principle of immutabi
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Requirements Procedural requirement
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concluded before the marriage. Subs
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not change their matrimonial proper
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148 SECTION IV Dissolution of marri
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150 IV DISSOLUTION OF MARRIAGE Deat
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Extra-judicial separation Predeceas
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154 (3) the standard of living of t
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. Prescribed textbook 124±126 ``11
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160 (2) Provide a short explanation
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Criteria contained in subsections 5
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Special rules You must also note th
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166 (15) How do the provisions of s
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168 Now that you know what the grou
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Scope of provisions Lastly, you sho
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172 STUDY UNIT 17 Forfeiture of pat
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Undue benefit Justness and fairness
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176 marriage out of community of pr
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Prerequisites Prerequisite that spo
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4 OTHER CONSIDERATIONS THE COURT TA
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Equal distribution between spouses
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186 (1) the order's source of law (
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188 . Form of a redistribution orde
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190 LEARNING OUTCOMES The purpose o
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Factors Weight attached to factors
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194 FEEDBACK (1) Mrs Kahn will prob
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Dum casta clause party in whose fav
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198 PRINCIPLE CASE NAME (4) The app
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200 . Waiver of the right to claim
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202 LEARNING OUTCOMES After studyin
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Definition of guardianship Awarding
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Mother as custodial parent Your tex
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Custody to a third party In the sec
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210 made a restrictive order simila
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212 . Access (16) What does the con
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214 LEARNING OUTCOMES The purpose o
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Limitation on publication Exception
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218 SUMMARY In this study unit you
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Customary marriages concluded befor
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Customary marriages concluded befor
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Invalid ito common law Valid ito Ac
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Position before commencement of the
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Ground for divorce Patrimonial cons
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Customary law part of culture Custo
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232 . Registration of the marriage
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234 . how a customary marriage can
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236 SECTION VI Muslim marriages MOD
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238 (2) set out the legislative rec
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240 surviving spouse in a monogamou
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242 and Muslim marriages constitute
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Life partnerships Section VII
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STUDY UNIT 24 Life partnerships MOD
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2 GENERAL The general rule of our l
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espectively, certain job-related be
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. Definition (1) What is a life par
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256 SECTION VIII Domestic violence
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(3) indicate that in terms of the D
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260 In the next section we deal wit
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262 SECTION IX Children's rights an
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264 STUDY UNIT 26 Children's rights
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Ways to obtain authority 266 regula
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Wide and narrow meaning Guardianshi
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Meaning of judicial interference it
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272 (2) Which special rights are gi
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274 . what parental power is . how
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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282 SECTION X Guardianship and cura
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284 You will further note in this s
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Definitions 286 1.2 The requirement
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288 QUESTIONS NB: Make sure that yo
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