key to the study guide - Name

Lawfulness and
possibility
Finalisation of date
of marriage
Engagement subject
to conditions
32
On page 10 of your prescribed textbook the last two requirements for a
valid engagement are discussed. Specially note that an engagement is
lawful if both parties are unmarried and that an engagement is possible if
thepartiesareabletomarryoneanother.
3 THE CONTENT AND CONSEQUENCES OF THE ENGAGEMENT
The content and consequences of the engagement are discussed in your
textbook on page 11. In this respect you should distinguish between the
case where a date for the marriage has been agreed upon and the case
where such a date has not been finalised.
In the discussion on page 11 we look at the fact that an engagement can be
entered into subject to conditions. Note that impossible or unlawful
conditions do not render the engagement null and void, but are merely
held to be pro non scripto (literally: not to have been written). Such
conditions are therefore not taken into account at all. Your textbook gives
examples of an unlawful condition and a condition which is contrary to the
nature of marriage.
ACTIVITY
Study the section on page 11 of your prescribed textbook which deals with
the engagement concluded subject to conditions and then complete the
table below:
TYPE OF CONDITION
Impossible condition
Unlawful condition
Condition contrary to the nature of
marriage
TYPE OF CONDITION
FEEDBACK
EFFECT ON THE VALIDITY OF
THE ENGAGEMENT
EFFECT ON THE VALIDITY OF
THE ENGAGEMENT
Impossible condition The engagement is valid although the
condition is held to be pro non scripto
Unlawful condition The engagement is valid although the
condition is held to be pro non scripto
Condition contrary to the nature of
marriage
The engagement is invalid