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288 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. . Guardianship (1) To what does the guardianship which replaces parental authority refer? (2) Give a short definition of each of the four types of guardians for which South African law provides. (3) List the requirements for the appointment as a guardian. (4) What are the rights and duties of a guardian generally? (5) List the ways in which guardianship is terminated. . Curatorship (6) What does the concept ``curatorship'' mean? (7) List and give short definitions of the different kinds of curators for which South African law provides. (8) List the requirements for the appointment as a curator. (9) What are the rights and duties of a curator generally? (10) List the ways in which curatorship is terminated. PLEASE NOTE: YOU NEED NOT BE ABLE TO ANSWER PRO- BLEM-TYPE QUESTIONS ON THE CONTENT OF THIS STUDY UNIT. SUMMARY In this study unit you saw . that it is not only a parent who can act as the guardian of a child . that our law makes provision for different types of guardians, which may be appointed for a child who has no parents . that guardians must comply with certain requirements before they can be appointed as guardians . that guardians must exercise their rights and carry out their duties in the best interests of the children . when guardianship which replaces parental authority is terminated You also learned . what curatorship is . that our law provides for different types of curators which can be appointed for persons who, due to some or other handicap Ð cannot look after their property Ð and/or their persons Ð or cannot take part in litigation on their own
. that curators must also comply with certain requirements before they can be appointed as curators . that curators must exercise their rights and carry out their duties in the best interest of persons placed under their curatorship . when curatorship is terminated 289
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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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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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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 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
Page 310 and 311: 284 You will further note in this s
Page 312 and 313: Definitions 286 1.2 The requirement
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