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18 STUDY UNIT 3 Historical overview of family law MODULE MAP I INTRODUCTION TO FAMILY LAW In preparation Content of family law Historical overview of family law PREFACE 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 X GUARDIANSHIP AND CURATORSHIP Before you read this study unit, you must first have read the second study unit in this study manual carefully. If you do not understand study unit 2 adequately, you may not be able to understand the rest of this module on family law. Study unit 2 provided you with background knowledge on . what family law is . what it deals with . how it is related to the other fields of the law
LEARNING OUTCOMES We think that it will be to your benefit if, before you begin studying the content of the module Family Law, you have an idea of how South African family law developed over the years. The purpose of this study unit is therefore to give you a very brief overview of the history of South African family law so that you may have insight into how family law developed into the set of legal rules we have today. PRESCRIBED MATTER Read . Prescribed textbook 4±6 CONTENT OF THIS STUDY UNIT Read the section from your textbook carefully. It provides you with a brief description of engagement, marriage and termination of marriage in Roman law, Germanic law, canon law, Roman-Dutch law and modern-day South African law. SUMMARY Now that you have read the section in the textbook, you should have a general idea of the historical development of family law in South Africa. This background knowledge should help you to understand the content of this module better. Note once again that there will be no questions on this study unit in the assignments or the examination. 19
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 and 24: e in connection with or in the case
Page 25: void marriage a marriage which has
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 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
Page 74 and 75: Adoptive parent and adopted child P
Page 76 and 77: Common ancestor prospective spouses
Page 78 and 79: Blood relatives in direct line Bloo
Page 80 and 81: 54 (2) (a) T is related to Mr A wit
Page 82 and 83: 56 QUESTIONS NB: Make sure that you
Page 84 and 85: Engagement STUDY UNIT 6 The civil m
Page 86 and 87: 60 INSTANCES PERSON/PERSONS/AUTHORI
Page 88 and 89: 62 antenuptial contract, the questi
Page 90 and 91: 64 (2) Whose consent is needed if a
Page 92 and 93: 66 LEARNING OUTCOMES The purpose of
Page 94 and 95:
(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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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
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In this study unit we shall look at
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In Petersen v Maintenance Officer t
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280 (7) Does a stepparent have a du
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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
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288 QUESTIONS NB: Make sure that yo
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