key to the study guide - Name

Prodigal
Insane person
Person placed under
curatorship
unit 6). For purposes of the present study unit, all you need to know in
respect of the capacity to act is the effect of prodigality, mental illness and
placement under curatorship due to mental disorder or chronic illness on a
person's capacity to enter into a valid marriage. These matters are
discussed on pages 17±19 in your prescribed textbook.
ACTIVITY
What is an infans, a minor, a prodigal and a mentally ill person? These
concepts appear in your textbook and study guide (glossary).
FEEDBACK
CONCEPT MEANING
Infans A child below the age of 7
Minor A child between the ages of 7 and 21
Prodigal A person with normal mental ability but who is
incapable of managing his or her own affairs because he
or she squanders his or her assets in an irresponsible and
reckless way as a result of some defect in his or her
power of judgment or character
Mentally ill person A person with a mental disorder or disability who cannot
understand the nature and consequences of his or her
acts, owing to this disorder
2.2 Consensus
The second requirement for a valid marriage is consensus. This means that
the parties must, at the time of entering into the marriage, be in
agreement that they want to marry each other. Various factors can have an
effect on consensus. These factors are all discussed in your prescribed
textbook on pages 28±30.
Mistake In respect of mistake, you should note that only a material mistake
excludes consensus. Your textbook explains that it is not clear whether a
material mistake renders the marriage void or voidable. It further draws a
distinction between a material mistake and a ``marriage of convenience''.
You must ensure that you know which mistakes are material and which are
not.
Misrepresentation Misrepresentation can also have an effect on consensus. It is important to
note that only a serious misrepresentation will affect the validity of the
marriage. Your textbook explains on page 29 when a misrepresentation
will be regarded as serious.
Duress Duress (ie force) also has an effect on consensus. It renders a marriage
voidable.
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