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234 . how a customary marriage can be dissolved . which requirements must be complied with before a spouse who is a party to a customary marriage can also conclude a civil marriage . what the consequences are of a civil marriage entered into by spouses who are already married to each other according to customary law . what the constitutional arguments for and against the recognition of customary marriages are
Muslim marriages Section VI
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# 2000 University of South Africa R
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iv 17 Forfeiture of patrimonial ben
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vi Ð analyse and critically evalua
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The content of this module can be g
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x Bibliography CronjeÂ DSP & Heato
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xii guide you are told what to read
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Glossary
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ad litem for the case or suit affid
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descendants your descendants are th
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legislation things like Acts, procl
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e in connection with or in the case
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void marriage a marriage which has
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2 SECTION I Introduction to family
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4 STUDY UNIT 1 In preparation MODUL
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Order in which authoritative source
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8 South Eastern Cape local division
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10 without qualification. Where a p
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12 2.4 The magistrates' courts and
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14 STUDY UNIT 2 Content of family l
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Wide and narrow meaning 16 branches
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18 STUDY UNIT 3 Historical overview
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20 HAVE YOU READ THE ``KEY TO THE S
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22 Engagement SECTION II Marriage l
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24 Engagement STUDY UNIT 4 The enga
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Distinction between engagement and
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28 in the missing words. The words
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ACTIVITY This activity tests your u
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Lawfulness and possibility Finalisa
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ACTIVITY On page 12 of your prescri
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36 engagement, the courts calculate
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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
Page 210 and 211: Equal distribution between spouses
Page 212 and 213: 186 (1) the order's source of law (
Page 214 and 215: 188 . Form of a redistribution orde
Page 216 and 217: 190 LEARNING OUTCOMES The purpose o
Page 218 and 219: Factors Weight attached to factors
Page 220 and 221: 194 FEEDBACK (1) Mrs Kahn will prob
Page 222 and 223: Dum casta clause party in whose fav
Page 224 and 225: 198 PRINCIPLE CASE NAME (4) The app
Page 226 and 227: 200 . Waiver of the right to claim
Page 228 and 229: 202 LEARNING OUTCOMES After studyin
Page 230 and 231: Definition of guardianship Awarding
Page 232 and 233: Mother as custodial parent Your tex
Page 234 and 235: Custody to a third party In the sec
Page 236 and 237: 210 made a restrictive order simila
Page 238 and 239: 212 . Access (16) What does the con
Page 240 and 241: 214 LEARNING OUTCOMES The purpose o
Page 242 and 243: Limitation on publication Exception
Page 244 and 245: 218 SUMMARY In this study unit you
Page 246 and 247: Customary marriages concluded befor
Page 248 and 249: Customary marriages concluded befor
Page 250 and 251: Invalid ito common law Valid ito Ac
Page 252 and 253: Position before commencement of the
Page 254 and 255: Ground for divorce Patrimonial cons
Page 256 and 257: Customary law part of culture Custo
Page 258 and 259: 232 . Registration of the marriage
Page 262 and 263: 236 SECTION VI Muslim marriages MOD
Page 264 and 265: 238 (2) set out the legislative rec
Page 266 and 267: 240 surviving spouse in a monogamou
Page 268 and 269: 242 and Muslim marriages constitute
Page 271 and 272: Life partnerships Section VII
Page 273 and 274: STUDY UNIT 24 Life partnerships MOD
Page 275 and 276: 2 GENERAL The general rule of our l
Page 277 and 278: espectively, certain job-related be
Page 279: . Definition (1) What is a life par
Page 282 and 283: 256 SECTION VIII Domestic violence
Page 284 and 285: (3) indicate that in terms of the D
Page 286 and 287: 260 In the next section we deal wit
Page 288 and 289: 262 SECTION IX Children's rights an
Page 290 and 291: 264 STUDY UNIT 26 Children's rights
Page 292 and 293: Ways to obtain authority 266 regula
Page 294 and 295: Wide and narrow meaning Guardianshi
Page 296 and 297: Meaning of judicial interference it
Page 298 and 299: 272 (2) Which special rights are gi
Page 300 and 301: 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
Page 306 and 307: 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
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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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