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xxiv stare decisis decided cases remain authoritative status quo ante the previous legal position sterility incapable of procreating, ie of having children stuprum immorality; extra-marital sex sub iudice pending sui generis of its own kind sui iuris capable of performing juristic acts; having capacity to act summa ratio decisive reason supra above suspensive condition a certain state of affairs will come into operation when a certain event occurs (upon the fulfilment of a condition) testamentary guardian guardian appointed in will to succeed natural guardian of child uberrima fides utmost good faith ubi ius ibi remedium where there is a right, the law affords a remedy usufruct a personal servitude that gives the usufructuary a limited real right to use the property of another as well as its fruits, with the duty of eventually returning the property to the owner with the preservation of the substance thereof uxor wife variable consequences (of marriage) verba ipsissima the exact words verbis with words only vice versa the reverse of videlicet (viz) namely the consequences of a marriage which can be agreed upon by the parties before marriage in an antenuptial contract vinculum iuris juristic tie; juristic bond vis force vitium defect viva voce orally
void marriage a marriage which has simply never come into existence; it does not have the legal consequences of a valid marriage and does not affect the status of the parties voidable marriage such a marriage remains in force and has all the normal legal consequences of a valid marriage until it is dissolved by a court order; the status of the parties is affected waive/renounce give up xxv
Page 2 and 3: # 2000 University of South Africa R
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 and 16: Glossary
Page 17 and 18: ad litem for the case or suit affid
Page 19 and 20: descendants your descendants are th
Page 21 and 22: legislation things like Acts, procl
Page 23: e in connection with or in the case
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
Page 66 and 67: 40 fallen in love with another woma
Page 68 and 69: 42 marriage itself. First of all yo
Page 70 and 71: Prodigal Insane person Person place
Page 72 and 73: 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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Page 165 and 166:
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
Page 182 and 183:
Page 184 and 185:
. 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
Page 302 and 303:
In this study unit we shall look at
Page 304 and 305:
In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
Page 308 and 309:
282 SECTION X Guardianship and cura
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284 You will further note in this s
Page 312 and 313:
Definitions 286 1.2 The requirement
Page 314 and 315:
288 QUESTIONS NB: Make sure that yo
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