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In Petersen v Maintenance Officer the Cape provincial division of the high court declared this rule unconstitutional on the ground that it unjustifiably violated the extra-marital child's right not be unfairly discriminated against on the ground of birth and his or her right to dignity, and failed to afford paramountcy to the child's best interests. In the light of the aforementioned, Mr and Mrs Nel will (together with Britney's parents) be liable for Tim's maintenance. Siblings If neither the child's parents nor his or her grandparents are in a position to support the child, the duty of support passes to the child's siblings according to their respective means, provided that the sibling who claims maintenance is indigent. Stepparents Note that, at common law, a stepparent is not obliged to maintain his or her stepchild, as the duty to support rests on blood relationship, and not affinity. However, in Heystek v Heystek the court held that a stepparent does have a duty of support in respect of his or her stepchild. The decision is wrong in so far as the court held that marriage in community of property, the existence of a common household and consortium omnis vitae with the child's mother render the stepfather liable for his stepchild's support. In this regard you must see the criticism of Heystek v Heystek on pages 293± 294 of your textbook. There it is pointed out that the only part of the decision in Heystek v Heystek which may provide a valid basis for conferring a duty of support on a stepparent is the court's view that the child's right to parental care gives the child a right to claim maintenance from his or her stepparent. If this part of the decision is correct, it means that the Constitution has created a duty of support between stepparent and stepchild. Thus, for the latter reason, it may be that a stepparent is now obliged to support his or her stepchild. Time will tell whether other courts will be prepared to accept the view that there is a duty of support between stepparent and stepchild. 278 2 THE SCOPE OF THE DUTY OF SUPPORT Nextyouhavetostudytherulesonthescopeofthedutytosupporta child. These rules are set out on pages 294±295 of the textbook. 3 ENFORCEMENT OF THE DUTY OF SUPPORT In study unit 8 above we very briefly and superficially dealt with enforcement of maintenance. That discussion dealt specifically with enforcement of maintenance between spouses. On page 295 of the textbook you will see that the same principles which govern enforcement
of maintenance obligations between spouses also govern enforcement of maintenance obligations between parent and child. But, in addition, section 50(2) of the Child Act 74 of 1983 provides that anyone who is legallyliabletomaintainachildandwhofailstodosowhileabletodoso, is guilty of a crime (a crime is also called an offence). 4 TERMINATION OF THE DUTY OF SUPPORT Further, you have to know when the duty of support ends. This issue is discussed on page 295 of the textbook. 5 THE RECIPROCITY OF THE DUTY OF SUPPORT In study unit 8 above we briefly explained that the duty of support between husband and wife is reciprocal, and we also explained what this means. On pages 295±296 of the textbook you will see that the same principle of reciprocity applies in respect of the duty of support between parent and child. Thus, a child must support his or her parents as the parents must support the child. Similarly, a grandchild must support his or her grandparents as the grandparents must support the grandchild. Also take note of the distinction that is drawn between legitimate and extramarital children and the fact that it is unclear whether an extra-marital child is obliged to support his or her father and paternal grandparents. Next, the requirements for the existence of a child's duty to support his or her parents and grandparents and the scope of the duty are explained. Ensure that you understand the discussion. QUESTIONS NB Make sure that you can answer these questions properly. They are designed to test your knowledge of the study material in this study unit. . Persons who have a duty of support in respect of a child (1) By virtue of what ground does the duty of support exist between parent and child? (2) Is the duty of support part of parental power? Explain. (3) Is the parental duty of support terminated by the death of the parent? (4) Which parent is liable against third parties for debts incurred in respect of a child's support? Discuss briefly. (5) Explain with reference to case law whether the paternal grandparents of an extra-marital child has a duty to support the child. (6) When are a child's siblings obliged to support him or her? 279
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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
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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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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
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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
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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
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Page 298 and 299: 272 (2) Which special rights are gi
Page 300 and 301: 274 . what parental power is . how
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Page 308 and 309: 282 SECTION X Guardianship and cura
Page 310 and 311: 284 You will further note in this s
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