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262 SECTION IX Children's rights and parents' responsibilities and rights MODULE MAP I INTRODUCTION TO FAMILY LAW II MARRIAGE LAW III MATRIMONIAL PROPERTY LAW IV DISSOLUTION OF MARRIAGE V CUSTOMARY MARRIAGES VI MUSLIM MARRIAGES VII LIFE PARTNERSHIPS VIII DOMESTIC VIOLENCE IX CHILDREN'S RIGHTS AND PARENTS' RESPONSIBILITIES AND RIGHTS Children's rights and parental authority Duty of support in respect of a child CONTENT X GUARDIANSHIP AND CURATORSHIP Overview Study unit 26: Children's rights and parental authority Study unit 27: Duty of support in respect of a child
OVERVIEW Section IX deals with children's rights and parents' responsibilities and rights and is divided into two study units: . Study unit 26 deals in the first place with the special rights afforded to children in terms of section 28(1) of the Constitution. In the second place, it deals with all the aspects of parental power. . Study unit 27 explains the basic principles with regard to the duty of support in respect of a child. 263
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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
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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
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 260 and 261: 234 . how a customary marriage can
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
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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 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
Page 310 and 311: 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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